can relatives of the deceased be held to a tennancy agreement?
- Thread starter Stovehead
- Start date
Soldato
Wow that sounds awful and I do not know how they could possible think it acceptable to treat someone grieving like that. I'm not sure on the in and out of the law etc but surely the agreement wad vouid after he passed away I cannot see how it would pass to you as like debt as far a I know its also null with the deceased if no assets. Sorry for your loss.
Soldato
Unless your specifically a signatory to the tenancy then they have no right to demand you do anything.
They should give you reasonable time to collect belongings but beyond that its genuinely their problem.
Youve already gone beyond reasonable.
BTW sorry for your loss.
They should give you reasonable time to collect belongings but beyond that its genuinely their problem.
Youve already gone beyond reasonable.
BTW sorry for your loss.
I’d walk away. It’s not your issue, take your bits and leave the rest. They are bullying you.
Soldato
"I didn't sign any tenancy agreement with you. Now kindly turn around, **** off and stop bothering me in my time of grief."
An individual is a separate legal entity, however is this is linked by estate and claims on the estate - there are instances where the estate is in debt and if you accept the estate you incur the debits.
I’m not a legal eagle but I have heard of that scenario before.
If not then I suggest a post on Twitter to the local council or Westminster..
I’m not a legal eagle but I have heard of that scenario before.
If not then I suggest a post on Twitter to the local council or Westminster..
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Sorry about your father.
A key question here is are you the executor of his estate? If so you are responsible for clearing up his estate. You should consult the CAB as @SeatIbiza recommends but this may involve having to make reasonable efforts to minimise any loss of his deposit. (And you can bill the estate for those efforts - again, consult the CAB for where you come in the payment pecking order.)
A key question here is are you the executor of his estate? If so you are responsible for clearing up his estate. You should consult the CAB as @SeatIbiza recommends but this may involve having to make reasonable efforts to minimise any loss of his deposit. (And you can bill the estate for those efforts - again, consult the CAB for where you come in the payment pecking order.)
Soldato
Debts do not pass on to others but they remain with the estate , so any money he owed would be paid from his estate , if he only had debts then they won’t get anything , in any case they can’t force you to do anything as you have no agreement with them and you’ve already went above and beyond
I'm no expert but whenever I've had anything to do with this in the past it has basically been like JBuk said - they might have grounds to claim against the estate of the deceased but that is it - you do not have a contract with them or any obligations.
We've had some right chancers with this in the past as well
but fortunately we have friends and family who are legally qualified, etc. and much less diplomatic nature than I am to boot.
We've had some right chancers with this in the past as well
but fortunately we have friends and family who are legally qualified, etc. and much less diplomatic nature than I am to boot.
Soldato
If you're sending them a letter anyway, and feeling so inclined, include an invoice for your time sorting out the carpets.
This is awful mate, sorry for your loss.
I am also no legal eagle but from going over things for our will with the lawyer I asked the question "what if we spend everything and leave nothing but debt?" and his answer was roughly "If you don't have anything to leave then they don't have anything to take your debt from" (or words to that effect I can't remember exactly as it was a few years ago).
I am also no legal eagle but from going over things for our will with the lawyer I asked the question "what if we spend everything and leave nothing but debt?" and his answer was roughly "If you don't have anything to leave then they don't have anything to take your debt from" (or words to that effect I can't remember exactly as it was a few years ago).
Soldato
Sorry for your loss.
I think that they're just trying to lumber family members with costs they want to avoid paying themselves.
I think that they're just trying to lumber family members with costs they want to avoid paying themselves.
I think the issue is that there's no estate left - the OP mentions lots of debt etc.
I believe in normal circumstances the housing association would do what removals are necessary and send an invoice to the executor of the will to be paid from the estate. With no money in the estate though means they wouldn't get anything.
However - you're not automatically liable for it (otherwise people could go on a spending spree and then you're liable without consent). Only if you accept taking the estate then you take over the assets and the liabilities. Same with essentially taking over a company operating as a going concern.
Much clearer than I can state:
Source: dealing-with-the-debts-of-someone-who-has-died
I would simply follow the line that as executor you are NOT liable - any debts are are only from the estate. You are, as executor, still responsible for making the settlement of any debt out of the estate itself (ie liquidating to cover debt if needed).
My point is if you accept the inheritance of the estate, then naturally the debts follow the estate to you if the debts exceed the estate. You can refuse the inheritance.. then there's no liability from my understanding.
Soldato
No, Debts are contained within the estate. There is no way for the responsibility of the debt to fall on anyone else unless they are a guarantor to the debt, or a joint party to it (like a joint mortgage).
If the estate can't pay, that's the end of it (beyond liquidating any assets within the estate to pay, of course)
You are correct.