My deseased son's flat

[Keekokoko]

Hi, I hope someone can help me.

This is the UK.

My son has just died. He was in a furnished flat for 6 yrs, 35 miles away for us. Earlier this year the landlord changed hands. My son was required to pay £400 deposit to the new landlord.
His old landlord said he would leave the furniture (very basic) because he didn't want to leave my son with no furniture given his ill health.

I had to call the police to break into my son's flat, and the police called a locksmith to secure the lock.

We don't drive so relied on lifts to collect my son's possessions, just in a car, no van. So we made 2 trips. Everything was ok in the flat on our 1st trip. On the 2nd one the bedroom floor was wet. There is a boiler in that room in a cupboard.
We took my son's personal possessions and one or two things he bought, and left things that were already in the flat when he took the tenancy.
We did not inform the electric suppliers of my son's death as they would have cut the supply off, and there is a small freezer we hadn't the time to defrost. There was plenty of credit still on my son's electric meter.

I reported all of this to the letting agency and sent the keys back to them.

Now the new landlords agency are requesting we pay for the locksmith, the boiler repairs and damage, removal of the remaining items in the flat (all of which came with the flat) and for a "deep clean"....

Am I right in thinking the locksmith work is claimed on their insurance? the boiler repairs and damage is claimed on insurance? a "deep clean" is standard procedure these days between lettings? and we don't own the furniture etc we left behind because it belongs to the flat? So if the new landlord wants rid of it that's down to him?
And can they withhold the deposit because of their claims?

I hope someone can advise me please. We've not long finished paying for my daughter's funeral and now my son's. We can do without this.

Many thanks for any help x

[islandgirl]

I am so sorry for your loss. The deposit should have been in a scheme - was it? If the landlord wishes to use the deposit to pay for any of the above he has to apply to do so via the scheme. You will be notified and asked if you agree. If you say no he will have to prove everything. Is there a check in inventory from 6 years ago? If so does it detail the furniture which was there etc?

[echat11]

Sorry for your loss, agree with Islandgirl,

How did you do the following?

I reported all of this to the letting agency and sent the keys back to them.

Stick to your guns, don't speak to them over the phone, send letters (get Proof of Postage), email.

[Keekokoko]

Thank you for your replies.
we haven't found an inventory or his original contract with the previous owner. We do have his new contract, but not sure what we're looking for, it's quite a thick docomment.

But surely the lock and the boiler are claimed on insurance?
And I understood deep cleaning is standard procedure between lettings?
As for the contents, they came with the flat....
Can I as next of kin, or my son's guarantor (friend) be held responsible?

I will write from now on. Email and paper? Thank you for that tip.

[islandgirl]

The landlord will say the lock and boiler are your responsibility. A deep clean is not standard procedure. The Landlord wll say the items did not come with the flat. If you want a) your deposit back and b) not to get a blll for everything else then you will need to stand up to them. As Echat says stick to your guns. If the deposit was not placed in a scheme you could sue the Landlord for 3 x its value. This is good leverage!
You need to check if the deposit is in a scheme. Here is how to do so
https://england.shelter.org.uk/housi...t_is_protected
If the deposit is not protected you can demand it back from the landlord but check first
No correspondence except in writing. If they ring do not answer or simply say please write to me I will not discuss any further by phone.

[echat11]

Are they claiming that your late son damaged the boiler? That's ridiculous, it sounds like they (landlord), didn't maintain it and they want you to pay for it. The police had to break in (via locksmith) to gain entrance to the property, so that's an insurance claim thing. 'Deep Clean' that depends on if it was left in a reasonable state, you'll know what state it was left in. The furniture wasn't his as such, so it came with the letting. It's up to them if they want to dispose of it.

[islandgirl]

You are correct Echat but that does not stop the landlord trying to get paid for it and there being a battle to fight.

[echat11]

You are correct Echat but that does not stop the landlord trying to get paid for it and there being a battle to fight.

That is true, it's very disappointing that they are even trying under the circumstances.

[Keekokoko]

Many thanks for your replies so far... It's a great help.

Update...
My son's guarantor has had an email from the agency saying they're keeping the deposit because the rent wasn't paid last month (April) Rent was due end of each month. He had been dead a few days when we found him on 6th April. So he was gone before the rent was due or he would have paid it, he always paid on time.
The deposit is in a scheme. Can we refuse him that deposit on the grounds that deseased people can't pay?

There is plenty in the contract covering tenants leaving. But absolutely nothing about anyone dying?

He's now saying, also, he will get a charity shop to collect the furniture.... He didn't mention the lock repair or boiler repair in this email. But did mention the cleaning bill. The flat was very clean. My son liked the fact it was very minimal and easy to clean. No clutter. Nothing fancy anywhere. Just essentials. We scrubbed the bathroom. Though the chrome shower head etc was developing black spots? I wasn't sure what to do with that. It probably needs replaced, down to the landlord? But everyone, even the policeman, commented on how clean and tidy the place was for a single bloke. He did suffer with OCD and cleaning was one of his compilations. The kitchen just needed a wipe round really, nothing major.

Thank you..

[islandgirl]

I assume the rent due at the end of the month was for the coming month? As I understand it the tenancy does not end on death so the LL may be within his rights to ask for the month's rent. I am unsure of the formal legal position so wait for further advice. You could write and say that you will agree to him being paid the deposit on condition that this becomes full and final settlement of all matters between you and that nothing further is owed? See what others say!

[echat11]

I don't think it's great, 'I'd personally be very embarrassed' asking for rent etc.

https://england.shelter.org.uk/housi...0the%20tenancy.

[islandgirl]

no I agree and the advice says "An agreed surrender will end the tenancy straightaway." - LL should agree to charge only at the most until 6th April and refund the rest. But it does not sound like he is very reasonable...

[echat11]

no I agree and the advice says "An agreed surrender will end the tenancy straightaway." - LL should agree to charge only at the most until 6th April and refund the rest. But it does not sound like he is very reasonable...

Not reasonable at all, unfortunately the world we live in.

[Keekokoko]

I don't know if this is of any significance, but the deposit is supposedly held by TDS, and on putting the details of my son's tenancy into their search page, it showed the deposit could not be found? We haven't got the TDS agreement for the serial number, it's not among my son's belongings. But you can do a search without that number, and it can't be found? Why would that be?

[islandgirl]

Perhaps it was not protected in which case that puts you in a much stronger position! I have no experience but imagine you could contact the TDS and ask just to make sure? If it is not there then perhaps a formal letter to the agent saying nothing except asking them to provide the seriel number for the deposit which you were informed was held by the TDS....