The Landlord has died

Ceej

My landlord passed away recently and now I am thinking of finding a new place to live as the house is very run down. Do the next of kin have to pay me my deposit when I leave, or does my landlord take that with him to his grave? I've tried to find out but have only received very weak answers such as: "well, they should pay it out to you if you leave". I don't want to contact threshold again as I didn't find them great last time I contacted them. Does anybody know for sure?

looksee

It would seem most likely that his estate will pay moneys owing - certainly other bills etc are taken from the deceased's estate. Do you know who his solicitor or next of kin is? You need to find out who is his executor and establish your claim there.

Ceej

I know who the next of kin is but now I'm wondering how long I have to establish a claim. I really want to leave this house today, as it is really not safe for us to live here, but realistically, with the way the rental market is, I could be here a while.

looksee

You might not have the option of taking a while to find other accommodation, beyond whatever notice is agreed. There is every chance the house will be sold, you really can't know what the situation will be, and I would think you would be entitled to make some enquiries. Talk to the next of kin.

dubscottie

My landlord died a few years back and we were worried about becoming homeless etc but his nephew told us on the day of the landlords funeral that he had inherited the house and nothing would change.

Ours was a bit run down as well but within weeks he had started work on doing it up. Still in the house years later..

If only one of your landlords family inherit the house they may want to keep it on with you as a tenant.. And sort any problems..

Its a possibility..

I would find out what the family's plan for the house is first.

4ensic15

It will take some months for a grant of probate to issue. Any rent you pay should be to the executor and it is the executor who should pay your deposit
if you leave before the property is transferred to the successor. The successor should pay if you leave after the transfer.

P. Breathnach

4ensic15 wrote: »

It will take some months for a grant of probate to issue. Any rent you pay should be to the executor and it is the executor who should pay your deposit
if you leave before the property is transferred to the successor. The successor should pay if you leave after the transfer.

Correct, if there is a will. It's not greatly different if there is no will, except that the person appointed to deal with the estate is known as the administrator, and it is not immediately obvious (to you, anyway) who might take on the role.

You need to have a conversation with the next of kin to find out what is being done about things. You can continue to pay rent into the deceased's account so long as it remains open, but you would not be wrong to hold the rent until it is made clear to you who is taking over the landlord's responsibility as executor or administrator.

ted1

Ceej wrote: »

I know who the next of kin is but now I'm wondering how long I have to establish a claim. I really want to leave this house today, as it is really not safe for us to live here, but realistically, with the way the rental market is, I could be here a while.

Next if kin isn't relevant, they need to go through the will first. You could end up dealing with the Dog or Cats home