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Original poster

LODGER DIED - FAMILY DISPUTE RENT

72 replies

ViolettFlame · 10/05/2022 14:58

My lodger of 15 months died. (Not in my home). I unfortunately didn't have a lodger agreement but there is proof of rental and financial arrangement as she replied to my on-line rental ad, paid a deposit and a set monthly amount. This was all conducted on-line and paid through my bank so there is a record.

The family failed to remove her belongings for a further 11 weeks. I kept them informed rent would be due as I can't afford to have the rooms unrented. Access was granted at any time. They didn't want her possessions touching and kept delaying saying they couldn't afford storage and had nowhere to put them.

They paid the final amount due without any kind of dispute or word of disagreement but are now threatening me with court as they believe rent shouldn't have been due from the date she died. (I had deducted the deposit and advance rental from the amount requested, calculated up to the date her possessions were removed. I have therefore not received more than could be expected).

I believe the fact set rental was paid forms a continuous contract until the rooms were free from occupancy. This was sympathetically communicated by text, email and telephone discussions during this period and subsequently accepted by the family by way of final payment. I have retained all written evidence.

It is a horrendous situation for the lodger's family and I feel so sorry for them but I am an independent third party and surely can't be held financially responsible for their decision to continue using my home for storage?

I know I could seek legal help but if anyone can anyone please advise on this I would be grateful.

N.B I know not to make this mistake again and will ensure an agreement is in place for all future lodgers.

OP posts:
EdgeOfSeventeenAndThreeQuarter · 10/05/2022 15:02

Eh? I thought lodgers rented a room in your home?

or do you mean you had a shonky rental contract and you tried to circumvent law/tax by getting a tenant in and calling her a lodger?

SpidersAreShitheads · 10/05/2022 15:04

EdgeOfSeventeenAndThreeQuarter · 10/05/2022 15:02

Eh? I thought lodgers rented a room in your home?

or do you mean you had a shonky rental contract and you tried to circumvent law/tax by getting a tenant in and calling her a lodger?

I assume OP means the lodger didn't die in her home - that's how I read it.

I have no idea of the legal position but if you asked them to remove the items, they refused and you notified them this would mean rent would continue to be payable, I don't think it's unreasonable.

Giveitall · 10/05/2022 15:08

Look up the law of Tort.
Can these people help?
www.ast-assistance.com/home
If they can’t, they might know someone who can.

Branleuse · 10/05/2022 15:08

I think as much as i feel for you regarding rent money, thats pretty heartless of you to demand it from her family. You dont have a contract, so im assuming no guarantor either.

Discovereads · 10/05/2022 15:09

What an awful situation. I think you are correct though that rent was still due to you until the lodgers possessions were removed 11 weeks after their death. You properly took some of your payment from the lodger’s assets/estate- her deposit and such. The remainder due that any family member paid you should be reimbursed to them from the lodger’s assets/estate.

Viviennemary · 10/05/2022 15:10

Is the rented room a room in the house you live in. Surely renting rooms out you have access to a solicitor. I expect it all depends on the contract you had with you lodger. Were you declaring income for tax purposes and did you have proper insurance and safety checks.

QuotetheLaw · 10/05/2022 15:13

Contracts can be verbal as well as written and both carry the same weight. As the person lived in your house and paid a monthly rent (of which you have evidence) then the presumption would be upon a verbal contract.

However, considering the person you were in a contact with is now deceased, the family have no liability to pay (as far as I am aware).

Upon that basis, as the contract has now ceased, you are entitled to reclaim possession of your property.

Before doing this though, please get some legal advice.

stuntbubbles · 10/05/2022 15:15

If they couldn’t afford storage they can’t afford to take you to court, so I wouldn’t worry. Just reiterate that the room continued to be occupied until the date possessions were removed, which has now been done, so you consider the matter closed and sorry for their loss.

Youaremysunshine14 · 10/05/2022 15:16

It's heartbreaking for them, but if they refused to remove her belongings from the room she rented for 11 weeks, making it impossible for you to get in a new lodger, they should pay you. Whether you charge them the full rate is a matter for your conscience though. I wouldn't, but I guess it depends on how much you rely on that income.

ivykaty44 · 10/05/2022 15:20

I used to work on front line for a council - in a different life

when a tenant died the relatives had two weeks grace to clear the property, this was rent free - after that rent was charged until the keys returned. The houses needed to be completely empty, possessions, carpets white goods etc

Whilst its sensitive that a person has died, the relatives telling you not to move the possessions and then not wanting to pay rent and leaving you in limbo for 3 months is rather unfair. Either the payment is not disputed or they should have moved the possessions within a more timely manner. It wold have been one room I take it? So although emotionally challenging not an enormous task

Polyethyl · 10/05/2022 15:20

The contract ended with the lodger's death.
The family are not bound by a dead person's contract.
If you had agreed a storage fee and so created a new contract with the deceased family, then they would have paid you a storage fee. But that's not what happened.
If you had served a tort notice, set a deadline to clear the possessions (say 10 day) then after that you had cleared the possessions yourself and relet the room, that too would have been legally OK. But again, that's not what happened.

I think the family have a point.

ILoveAllRainbowsx · 10/05/2022 15:23

It was up to them to remove her belongings if they wanted them or let you empty the room. As they asked you not to touch them, then it is up to them to pay for the room rental, I would have thought.

ILoveAllRainbowsx · 10/05/2022 15:24

I would let them take you to court if they want to and fight them there. There are limits to what you would have to pay if they won, but I don't think they will.

Dazedandconfused10 · 10/05/2022 15:24

Lodger agreements aren't an ast therefore not covered under the housing act but you still would have had to give appropriate notice to quit, did you give the executors a definitive date when the agreement was ending

Discovereads · 10/05/2022 15:26

I read it that the OP took the rent out of the lodgers assets (deposit + advance rent…so should have covered at least 8 of the 11 weeks) and the family has already paid the small difference. The family member who paid should now seek reimbursement from the executor of the lodgers estate.

Yes the family member didn’t have to pay the difference and could have forced the OP to file a claim against the lodgers estate with the executor, but we are past that. The family member can’t now demand a refund imho. And certainly not for the full 11 weeks of rent.

Theunamedcat · 10/05/2022 15:27

My moms family have just had to pay for a quarter of a years worth of rent because my uncle paid a quarter at a time and his girlfriend was being tricky access to remove his possessions so the management company demanded a rent payment they will take it out the estate but its still annoying

When my nan died the council gave us two weeks clearance time we had to pay and we couldn't pay extra to extend it

Scooby5kids · 10/05/2022 15:29

I think you have missed the opportunity to be able to rectify this as there was no legal contractual agreement with the family that they would have to pay you for the room with the stuff in it- You just kind went along with it out of the good of your heart because they played on your heart strings.

What you should have done, is give them a short amount of time to come remove the things, before you boxes them up and removed them from the room and said that if the things weren't collected by a reasonable date, say 21 days then the belongings were to be taken to the tip. But then, it's easy to say things like this in retrospect. I think you should just write it off as experience and get on with your life. Yes it was inconvenient, but I don't think you will get any money off them because you agreed to look after the stuff. It doesn't matter if it was begrudgingly, you still agreed, but there was no contract! The only contract you have is with the deceased person

bananaskinny · 10/05/2022 15:30

Have the family threatened legal action? If not, do not engage in any communication with them until you've sought your own legal advice. This sounds messy.

MumstedInadequate · 10/05/2022 15:31

Viviennemary · 10/05/2022 15:10

Is the rented room a room in the house you live in. Surely renting rooms out you have access to a solicitor. I expect it all depends on the contract you had with you lodger. Were you declaring income for tax purposes and did you have proper insurance and safety checks.

Income from a lodger is tax free up to £7,500 per year and no tax return is needed. [[
www.gov.uk/rent-room-in-your-home/the-rent-a-room-scheme]]

A solicitor to have a lodger would be pretty unusual and disproportionate IMO. I've know a few people who've had lodgers and none have ever done anything like you suggest.

Snoken · 10/05/2022 15:31

I think you are on very thin ice considering you never had a contract. There is no way for you to prove that this was a long term, indefinite rental. In regards, to the left behind items, there is no strict rule about how long you have to keep them safe, it's just a reasonable time, which is minimum of 3 weeks, but can be up to 3 months depending on the circumstances relating to how the tenant left. In this case, it is probably seen as a complicated situation, and a longer time would be expected.

carefullycourageous · 10/05/2022 15:32

Stop pestering a bereaved family and apply to the estate like any other creditor.

You sound very unfeeling. A human being died. The family had a lot to sort out.

SlickShady · 10/05/2022 15:33

Why did you think the the family was liable in the first place?

carefullycourageous · 10/05/2022 15:34

carefullycourageous · 10/05/2022 15:32

Stop pestering a bereaved family and apply to the estate like any other creditor.

You sound very unfeeling. A human being died. The family had a lot to sort out.

I've got it the worng way round haven't I - they are chasing you for a refund?

In which case you do not have to do anything but I stand by my second sentence.

SuperFlyWoman · 10/05/2022 15:37

I’m not a legal bod but unless the family were guarantors for the tenancy, I can’t see how you could charge them rent!

The contract was with the lodger. not their family and the contract would end with her death.

You could put a claim on her estate if she had one but family members are not obligated to pay a deceased person’s debts themselves surely?

I see can that you have lost income but it’s a really shitty thing to do IMO. You need to pay them back.

Motherhubbardscupboard · 10/05/2022 15:39

OP I think you've posted at the wrong time of day or something, some really weird responses on here most of which haven't even read the OP properly. Maybe try asking to get this moved to Legal? There are some knowledgeable people on there who will give you some proper advice!

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