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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To not meet dead dad's landlord

89 replies

Volcanoes3 · 29/03/2021 16:50

My dad died last monday unexpectedly. The ambulance broke the door to get in.

My dad lived in a privately rented flat since I was a teenager. I am now late 20s. As far as im aware the landlord has not checked on the property in that time. The land lord has been a bit funny with me so far (via phone and email), saying it was my responsibility to take over the tenancy as next of kin but he was willing to just take a months rent as a "goodwill gesture". He later decided that I didn't have to pay the month rent as he has another tenant that wants to move in as soon as he has decorated the place. He has also said I am responsible to pay for the broken door.

However:
The tenancy was with my dad, no agreement was ever made with me.
My dad paid a deposit which should cover the broken door.
The landlord should have insurance to pay for the broken door.

My dad was on benefits I doubt there is any money in his bank account.

I really don't want to go and meet the landlord, "to do end of tenancy paperwork and carry out a property check" because its not my tenancy, and I feel it would be too upsetting for me right now. Someone I know who is an older (than me) man has agreed to go at the arranged time to hand over the keys. Is this okay?

I figure if my dad didn't have any relatives, not only would the landlord still have had to pay for the door, he also would have to have emptied the flat (which 3 people have spent 5 days doing), so the landlord should be pleased we have done that.

OP posts:

Whatamesssss · 29/03/2021 17:59

So sorry you are going through this. You owe the LL nothing.

If you receive certain benefits you could be eligible for funeral payment to help with the cost.

www.gov.uk/funeral-payments/eligibility

Might be a good idea to take photos of the condition of the flat before you send your friend to give back the keys.

whataboutbob · 29/03/2021 18:01

! I am a landlord and I’m disgusted. No matter the legals, this is no way to treat someone who has lost a parent unexpectedly. You are not responsible for your fathers debts, his estate is. You don’t have to do the end of tenancy paperwork.
As others have said, there are all sorts of regulations landlords have to comply with these days: gas safety, electrical safety ,deposit protection, serving information on tenants rights etc. I wonder whether this landlord has done all this, if he hasn’t, he might be due to pay your dads estate compensation. It I suspect you don’t want to deal with any of this, and I suspect there’s not much he can do if you just walk away from all this. I guess you need to decide whether you want to enter the flat to retrieve anything, and decide from there. You can also ring Shelter of the citizens advice burea pu for info and support. For the landlords perspective, you can try the Landlordzone forum . Good luck with the days ahead.

Saz12 · 29/03/2021 18:01

OP, that’s awful, sympathy for your loss.

Sounds like the LL is trying it on: he might be entitled to something from your Dads estate after probate is granted but you definitely don’t owe him anything!

One option is, if you can face it, go with LL to do the check for the deposit. But tell him/her that everything is with “the solicitors” who will contact him re: return of the deposit to your Dads estate. Make it very clear that his estate won’t be paying anything until the “solicitors have gone through the paperwork” but that they’ve told you very clearly that you are NOT allowed to pay anything out from your Dads estate as you’re not the executor of the will (“and I can’t afford to anyway!”). If he persists, tell him you’ll pass his questions to the solicitors.

I’m clearly no expert, but that should stop him from harassing you & trying it on. LL might be entitled to take damage to door off the deposit (and cleaning etc), ask Shelter for advice.

halfhope · 29/03/2021 18:06

I'm really sorry to hear that you lost your Dad unexpectedly. Take very good care of yourself

at landlord.

Bbee29 · 29/03/2021 18:19

So sorry for your loss. You don’t owe the landlord anything op! He sounds like an ass.

Unescorted · 29/03/2021 18:21

I am sorry to hear of your loss.

This is a good summary of what the LL can/ can't do and should / shouldn't do www.cgtlettings.co.uk/blog/what-would-you-do-if-your-tenant-suddenly-passed-away.html.

murbblurb · 29/03/2021 18:21

So sorry.

England - the tenancy has not ended, the tenant is now your dad's estate. All other obligations on the landlord continue. The door is his property and he should claim on his insurance for the damage.

The landlord has two choices - apply for possession of the property through the courts,or the sensible, simple and obvious solution to end the tenancy by mutual consent with the executor. Meantime he should secure the property and get in touch with condolences.

You owe nothing.

Rukaya · 29/03/2021 18:23

The landlord is right to treat it as an end of tenancy no matter how upset you are but its OK to send someone else who can maybe call you etc.

No he isn't, don't be daft. An end of tenancy is done with the tenant, you can't do one with a dead person. OP has no responsibility for any of it.

KihoBebiluPute · 29/03/2021 18:25

You definitely don't owe him anything from your own funds, and certainly don't have any obligation to take over your dad's tenancy. Rent may be due to LL from your dad's estate to cover the period until you can remove all your dads stuff from the flat - that's something to check. However if the estate doesn't have the funds to cover what is owed, then there is no liability for anyone else. Debts die with the debtor.

8bitgame · 29/03/2021 18:27

I am so sorry for your loss and agree with all the PP's that this landlord is absolutely awful and you owe him nothing.

Is there a landlords association you can report him to? ARLA or something I think they are called but probably not a thing if he's not registered. Just shocking OP.

myusernamewastakenbyme · 29/03/2021 18:29

What a shitbag the landlord is...reminds me of social services trying to get families to pay for their elderly relatives care.

Jessbow · 29/03/2021 18:30

I think I would go and do the end off tenancy check- he could try and claim all sorts from your fathers estate.

Debts dont die with the debtor, hey are the responsibily of the executor of the estate.. There will no doubt be gas & elec etc to pay

SchadenfreudePersonified · 29/03/2021 18:39

@Jessbow

I think I would go and do the end off tenancy check- he could try and claim all sorts from your fathers estate.

Debts dont die with the debtor, hey are the responsibily of the executor of the estate.. There will no doubt be gas & elec etc to pay

Yes - but any debts come out of the estate. If the estate doesn't cover the debts, then they DO die with the debtor. Family members are NOT responsible.

AcornAutumn · 29/03/2021 18:43

OP I am sorry

And what an arse the LL is.

Is it worth asking MN to repost this on Legal Matters so you can get an idea if this wanker can get anything from the estate?

Butwasitherdriveway · 29/03/2021 18:43

Omg. I thought I'd read it all on here.

What an absolute twat.

Pay nothing. Let him take you to court. Refuse to pay it. Incidentally, your dad didn't break the door so watch him make an absolute arsehole of himself trying to reclaim that.

Sorry for your loss 💖

Original poster

Volcanoes3 · 29/03/2021 19:05

Thank you all for your comments.

OP posts:

MixedUpFiles · 29/03/2021 19:10

I would go to the apartment and retrieve any personal effects that you don’t want to lose. I would not trust this landlord to behave properly with regards to the contents of the apartment.

Ofallthethings · 29/03/2021 19:14

As far as know it's only HA and council tenancies where you can inherit the tenancy, not the private sector , and even then I think you have to agree to it, but I would approach Citizens advice for advice on this . I used to work in housing benefits and we used to pay the last months rent for a tenant who had passed away, although this was a few years ago, so I would contact the council he claimed from and check what they do now. I'd also approach citizens advice about the door. Sorry for your loss OP, the landlord is really taking the Mickey when you are having a hard time anyway.

Stratfordplace · 29/03/2021 19:17

I’m very sorry for your loss.

You are no way liable for anything to do with your late father’s tenancy.

Nor are you liable for any damage, redecorating or unpaid bills, including utilities. The landlord just has to produce the tenancy agreement to the companies and it will all be taken care of.
When you register your father’s death pay extra to have all government agencies informed.
Please don’t worry you really are not responsible in any way.

I wish you comfort and peace.

SunshineCake · 29/03/2021 19:18

I'm so sorry for your loss @Volcanoes3

This landlord is taking advantage of you. It is clear by his change of chancing his arm as soon as you questioned him. Don't pay him a thing and I would report him to whoever is in charge of regulating landlords.

tiredmum2468 · 29/03/2021 19:29

Oh op how sad I'm so sorry for your loss

I'd see if someone else can deal with it for you - you need someone present to go thru the inventory invade they make up loads of faults that aren't there.

I'd phone the housing department at your local council to get some advice

Sending best wishes to you getting it resolved. X

Stratfordplace · 29/03/2021 19:37

It is nothing to do with the Op she isn’t on the tenancy agreement and hasn’t signed as a guarantor for her father. The op has to remove her late father’s personal effects but apart from that everything else is the landlord’s responsibility.

blubberyboo · 29/03/2021 21:39

You aren’t a guarantor

You aren’t a co tenant

Executors of a will are only responsible for ensuring the debts of the estate are paid from the assets of the estate .. they are NOT responsible for paying the debts from their own money.

As far as I can make out there are no assets of the estate so your dad probably didn’t even make a will? Which means you probably aren’t even a named executor anyway?

Just go and get your dads personal and sentimental things, close the door and stick the key through the letterbox.

That’s where your responsibility ends

MrsHuntGeneNotJeremyObviously · 29/03/2021 21:50

I've not read the whole thread yet but my mil died in similar financial circumstances. I got very good advice on here NOT to deal with any outstanding bills - as things stand you have no legal responsibility for anything. But if you start paying bills or dealing with any of the financial stuff, you can be deemed to have taken on the responsibility, which then opens you up to claims from people/companies who are owed money about the order in which debts are settled. The safest thing for you is to do nothing.
I'm also going to warn you about his bank - they will want you to sign documents allowing you to take responsibility for his account - if he's in debt then don't do it. When mil died even the inland revenue wanted information about her earnings because she owed them tax and was technically self employed. Everyone will lie to you about it being your responsibility because they want to get paid!
The truth is that the funeral costs can be taken from your dad's account if there is money - the undertaker can give you a bill to take to the bank and the bank can pay directly. Also there are grants available to help with costs if he was getting benefits.
But honestly, don't touch anything else.

FluffyHippo · 30/03/2021 06:38

@myusernamewastakenbyme

What a shitbag the landlord is...reminds me of social services trying to get families to pay for their elderly relatives care.

What's the problem with people caring for members of their own families?

What a stupid thing to say - of course families should pay for their elderly relatives' care.

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