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Original poster

Flat in a state of disrepair due to tenant misuse

27 replies

WheelOfMisfortune · 16/10/2018 17:01

Hi all, hoping for some help!

My father recently died- we were estranged, he was a mentally unstable drunk.

He had been renting a flat for the past 8 years, and it sounds like he has let it turn into a hovel- I won’t go into details but they called in a hazardous waste clean up crew.

The landlord had apparently been aware that the flat was in a state, but had done nothing about it. Not sure when he last visited but he was definitely not doing checks or anything.

My question is- how liable am I for the repair cost? Am aware that it’s disgusting to let someone else’s flat get into that state, but also wonder about the landlords obligation to check the flat is not in disrepair?

All and any opinions welcomed- and do not mince your words, I am aware that my father is disgusting for doing this, it’s just that the landlord seems to have been fully aware and let it carry on which I am questioning?

OP posts:
MarilynsDressOnAVent · 16/10/2018 17:05

The Landlord can sue for costs against the estate. He cannot chase you up, just your dad's money.

It is not a legal requirement for a LL to do checks on their property but must fix any reported repairs. The landlord is not responsible for letting your dad trash his property.

HoleyCoMoley · 16/10/2018 17:07

Has the landlord asked you for any money, i dont see why its your responsibility . How often does a landlord have to check a property, I thought it was only once a year. Has your dad left any money which they say should go towards repairs.

Gaspodethetalkingdog · 16/10/2018 17:08

Unless the lease was in your name, in joint name with another or you signed up as a guarantor, no liability. The landlord needs to contact the executor if there is one about any payment for repairs/damages

Original poster
WheelOfMisfortune · 16/10/2018 17:09

Thanks both.

I get the impression he hasn’t done checks in a few years, which seems foolish to me.

At the same time, if someone had done that to my flat I would be devastated and I don’t see why he should have to pay. But then why did he let it get into that state?

No idea on the estate yet but I would be shocked if he had anything much.

OP posts:
Original poster
WheelOfMisfortune · 16/10/2018 17:10

No lease was not in my name, we haven’t spoken in years. No executor yet, body is still with the coroner.

OP posts:
Original poster
WheelOfMisfortune · 16/10/2018 17:12

Sorry missed this question- the landlord is assuming I will cover all costs. Also says he will continue to charge rent until the property is hospitable.

OP posts:
spanishwife · 16/10/2018 17:12

It's definitely your dad's fault - doesn't matter about the checks and I don't believe this argument would stand up. I wouldn't do any chasing, and don't involve yourself, as others have said, wait for them to contact the executor.

Redtartanshoes · 16/10/2018 17:14

Tell him to get fucked.

Sorry for your loss Flowers

Bombaybunty · 16/10/2018 17:23

Sorry for your loss, it must be very difficult for you 💐Who does he think will pay the rent?

MarilynsDressOnAVent · 16/10/2018 17:23

The LL cannot charge you anything if you were not on the lease or a guarantor but please stop trying to blame the landlord for not making sure your dad didn't trash his property. It's not the landlords doing. The blame lies 100% with the tenant who caused the damage.

Remove all your dad's goods from the property and surrender the house and the landlord will then have to pursue it in court providing there is any money from the estate. If there isn't he will get nothing. If there is money then he will likely win in court and your dad's estate will have to pay up.

Collaborate · 16/10/2018 17:24

I'm astounded that the LL thinks he can come after you for this. He's a pillock. Tell him to do one. You are never liable in law (or morally) for the debts of your deceased family members.

HoleyCoMoley · 16/10/2018 17:25

Did your dad leave a Will, is there even an Executor. They can't chase you for the money. It wasn't the landlord who let the flat get into such a state, maybe the alternative would have been to evict your dad then he would have been homeless. Sorry this has happened. You can contact the citizens advice for support. How does the landlord know where you are.

Original poster
WheelOfMisfortune · 16/10/2018 17:58

Thanks all, very helpful consensus.

I will pass on the probante lawyers details to the landlord and leave it with them. If there is anything left in the estate then hopefully the landlord will get something towards the repairs.

Again, to reiterate, I am not blaming the landlord, blame rests entirely with my disgusting father for his total lack of respect for someone else’s property. Was just a little aghast that the landlord knew it was happening and didn’t stop him.

OP posts:
Original poster
WheelOfMisfortune · 16/10/2018 17:59

No will that they found, no executor- would the probate lawyer be the executor does anyone know? Or does someone else have to do it? Thanks

OP posts:
Prettysureitsnotok · 16/10/2018 18:02

The landlord is trying it on. Even if your dad was alive it’s unlikely he’d see that money. To chase you for it under these circumstances is pretty disgusting. The disrepair isn’t the Landlords fault but it’s not yours either. Nothing will come of it if you ignore him.

HoleyCoMoley · 16/10/2018 18:09

If he has no money and didn't make a Will do you know why and how he has a probate lawyer, is it just his solicitor who has worked for him in the past. Who is claiming to be looking after his affairs and have you seen any paperwork.

SinkGirl · 16/10/2018 18:09

The landlord is being ridiculous. In no way is it your responsibility. Good luck to him getting rent from a dead man, because that’s the only person who has to pay it - even if the tenant were alive, he wouldn’t get rent while fixing it up. This is one of the risks of letting out property, your dad is not your responsibility.

Hope you’re okay x

wurzelburga · 16/10/2018 18:17

Unless you signed the contract as your father‘s guarantor, the landlord has no claim against you. Bizarre that he even thinks he might have. Obviously not a professional landlord. He will however be able to retain any deposit - assuming he took one and properly protected it.

He MIGHT have a claim against your father‘s estate. But unless the estate is substantial it is likely to cost him so much pursue this that it will not be worthwhile.

Most landlords insure against this kind of damage by tenants. But if he did not carry out regular inspections the insurance company is unlikely to pay out.

twiglet · 16/10/2018 18:18

The landlord is trying to pull one.

If you are not on any documents so tenancy agreement or guarantor then you are not liable for anything.

He may try to threaten court just keep referring him to the probate lawyer, no judge would rule costs for you to pay.

His landlords insurance should also cover some of the costs if he doesn't have it then that's his own fault!

WhoeverKnows · 16/10/2018 18:31

Landlord can't claim anything from you.

Landlord is responsible for photos and written account of the state of
The property at the start of tenancy, and responsible for twice yearly checks to be ahead of the game of any damage is being done, thus minimising build up of 8+ years of disrepair. If he chooses not to do this it's his own silly fault really.

As for charging rent beyond the grave, I've never heard of anything so preposterous. It is totally illegal, so don't give him a single penny! Don't feel sorry for him either, it's hard work doing tenancy checks but we all get a finger out and do it to stop this sort of thing happening. If he has given strict goals for your late Dad then maybe someone would have prevented it getting so bad.

Collaborate · 16/10/2018 18:46

Someone has to actually apply for probate, and if your father had nothing except the contents of his flat there's no point anyone applying. He'll only have an executor if he made a will. If there's no will and no assets just take the worthless but sentimental stuff from the property and leave the rest.

Violetroselily · 16/10/2018 18:50

Who has engaged the probate lawyer?

Etino · 16/10/2018 18:51

I’m sorry for your loss. It’s not your responsibility. Neither legally nor morally.

Mc180768 · 17/10/2018 03:01

As PP have stated, the LL has no rent due from you.

My mother was a heavy smoker and no matter what we did to try & stop her, we couldn't. That meant there was nicotine just about everywhere.

When she died, we spoke with the LL whom was just as frustrated as we were with her, we agreed we would pay two weeks rent to bring her flat back to how it was let to he

Lucisky · 22/10/2018 13:07

I had exactly this situation with a deceased family member. I had the rented (HA) flat cleared of junk and filth and handed the keys back to the landlords. As we were standing in the very sorry looking flat I made it clear that my family member had died destitute (which was true - all he left was junk and beer cans), and there was no money that they could claim. I never heard another thing from them. It was his tenancy, his mess and nothing to do with me.
This person is trying it on. If there is money in the estate, there may be a claim on that, but certainly not for rent. Ignore/tell him to do one. Certainly not your financial problem, don't give it another though.