Landlord died 4 days before end of lease

[nickdivers]

Hi,

In August last year our landlord died 4 days before we moved out of our flat. At which time we found out he had not placed the bond in a bond protection agency also to make matters worse a further months rent was deducted from our account due to the standing order set up. So in total the landlord's estate owes me over £5,000. We were contacted by the accountant who was dealing with the affairs and he told us he would try and get it sorted as soon as possible. after 2 months of hearing nothing, he then said it would have to go to probate. In March he said that the probate would be finished in the beginning of May and we would have our money. Again no contact from the accountant. in the past 9 months he has sent 2 emails to me, never returns my emails or phone calls or even written letters.

My question is what are my rights can I take a small claims case against the estate? Has the accountant taken my money and run? How long does a probate take?

any advice would be appreciated

[TUTTSI]

Re: Landlord died 4 days before end of lease

Firstly, you should have cancelled the standing order as soon as you knew that you were not signing for another term.

Have you written to the accountant? and if so when did you last write?

Probate unfortunately does take time and can take many months especially if everything is not in apple pie order. This Accountant I assume is qualified and would therefore belong presumably to the Institute of Chartered Accounts in England and Wales, Moorgate, London. http://www.google.co.uk/url?sa=t&sou...sPaPbeRBd2xAKA
this is the link to find an account. I would follow this link immediaely on to check if he / she is a member and find the current address where you are able to contact this Accountant. Normally a solicitor handles probate unless it is a huge firm.

You will also want to know from the Institute is how to make a formal complaint if you are unable to get a response from this person.

Once you have the address I would write a letter allowing 14 days for a response and advise that if you do not receive a response within this time you will contact his institute and make a complaint against him.

Hopefully someone else will also let you know how you can check what has happended to probabe.

http://www.justice.gov.uk/guidance/c...bate/index.htm this is the site for probate information.

Hi,

In August last year our landlord died 4 days before we moved out of our flat. At which time we found out he had not placed the bond in a bond protection agency also to make matters worse a further months rent was deducted from our account due to the standing order set up. So in total the landlord's estate owes me over £5,000. We were contacted by the accountant who was dealing with the affairs and he told us he would try and get it sorted as soon as possible. after 2 months of hearing nothing, he then said it would have to go to probate. In March he said that the probate would be finished in the beginning of May and we would have our money. Again no contact from the accountant. in the past 9 months he has sent 2 emails to me, never returns my emails or phone calls or even written letters.

My question is what are my rights can I take a small claims case against the estate? Has the accountant taken my money and run? How long does a probate take?

any advice would be appreciated

[mikejclark]

Re: Landlord died 4 days before end of lease

Have you calculated into the £5k the compensation for failure of the lanlord to put the deposit in a deposit scheme (3 times the deposit amout)?

[The Debt Star]

Re: Landlord died 4 days before end of lease

Hi,

In August last year our landlord died 4 days before we moved out of our flat. At which time we found out he had not placed the bond in a bond protection agency also to make matters worse a further months rent was deducted from our account due to the standing order set up. So in total the landlord's estate owes me over £5,000. We were contacted by the accountant who was dealing with the affairs and he told us he would try and get it sorted as soon as possible. after 2 months of hearing nothing, he then said it would have to go to probate. In March he said that the probate would be finished in the beginning of May and we would have our money. Again no contact from the accountant. in the past 9 months he has sent 2 emails to me, never returns my emails or phone calls or even written letters.

My question is what are my rights can I take a small claims case against the estate? Has the accountant taken my money and run? How long does a probate take?

any advice would be appreciated

What's interesting about this is that the landlord died last August. I am puzzled as to why it has taken the Executor/s this long to obtain the Grant. Getting the Grant of Representation should not take that long, regardless of the size and complexity of the estate. Unless there is a contentious element of which you are not aware.

In a taxable estate, that is, one where inheritance tax (IHT) is payable then the IHT does need to be paid first and this can result in delays. However, it is unusual for an application for the Grant to be delayed beyond 6 months after the date of death because the Revenue charge interest. After 12 months they impose hefty penalties too - so not too long to go there if the landlord's estate is taxable.

Administering the estate itself, post-Grant, can of course be a lengthy affair dependant on the complexity involved. Probate enables the Executor to collect in the assets.

What I would suggest, first off, is that you enter a standing search of the probate registry. This costs about £6 and you need to write to the Principle Probate Registry at York with details of the deceased's name, address and date of death. You will then get sent a copy of any Grant that was issued or will be issued 6 months from the date the search was entered. The Grant will tell you, in approximate figures, what the value of the estate is.

That's the first point of call, plus I hope you have written to the Executor formally advising of your claim on the estate? If so, when did you do this?

Executors can place a notice under the Administration of Estates Act 1925 s.27, advertising for persons owed money to come forward. This usually lasts for 6 months and after that point the executor is free to distribute the estate. However this only extends to creditors of whom he has no prior knowledge.
He does have knowledge of your debt and hopefully s.27 won't help him but...when did you notify him of your claim?

See how you get on with the standing search of the probate registry and if a Grant has indeed been issued yet.

If the estate is solvent then yes, you are entitled to be paid and in priority to the beneficiaries.

[TUTTSI]

Re: Landlord died 4 days before end of lease

Brilliant advice Debt Star