Tenants deposit spent in probate

[Anisalow]

Good morning, new to this site. I have inherited a property off my grandmother, two properties were left and split between my brother and I. The property I inherited accumulated tenants during probate, my brother as executive of the will spent £2400 all of the tenants deposit and the four months rent upfront totalling £6000 on settling the debts of my grandmothers estate. Probate was granted, the transfer of the title into my name yet he has refused to give me the tenants deposit as he has spent it and told me I am now responsible for this as the current landlord. Firstly is this legal? Can he do this? Secondly he is a solicitor himself

[des8]

IMO the deposit was not part of your grandmother's estate and the executor had no right to use it.
On the contrary it should have been lodged in an approved tenancy deposit scheme.
As such your brother has acted illegally, and as a solicitor could find himself in the doodah if you reported his action to the Solicitors Regulation Authority.

Similarly it seems wrong that he should use that part of the rent that was forward paid (but it may not be illegal)

If he is not amenable to negotiating with you, (perhaps your relationship has broken down) just tell him you will be making complaint to the SRA.

[Anisalow]

Thank you for this, the relationship unfortunately has broken down and I am deeply saddened by this. I will not report him as I don’t want him to lose his job however I just wanted to know what he has done is wrong.

[des8]

You should insist on the executor placing the deposit in a recognised scheme, or do it yourself.
It needed to be put there within 30 days.
Failure to protect it can lead to a penalty of three times its value.

For a solicitor to ignore his legal responsibilities is so wrong, so at least let him know you have a dim view of his actions and have considered reporting him to SRA (even if you do not intend to_

[ostell]

But of course the OP, as the landlord now, is responsible for the deposit and will be responsible for the 3X penalty if the tenant took action.

It needs sorting out sooner rather than later