Deposit return after tenant dies

Michael D Not Higgins

_Dara_ wrote: »

You know what, I'd be willing to take that chance. It's not a big enough amount of money to cause a family rift, but too much for the landlord to hold on to for flimsy reasons. It's the right thing to do to give to the next of kin. Better the next of kin than the landlord. The landlord doesn't have to care about the individual's family politics. And to cite that as a reason for holding on to the deposit is dubious.

They shouldn't care about the family politics. They need only confirm that the person asking for the deposit is legally entitled to it. Otherwise they may end up paying out the deposit twice.

_Dara_

Claw Hammer wrote: »

The next of kin may have no right to it. What if another person is appointed personal representative and looks for the money from the landlord? The next of kin might be a boozer who would drink the money. The landlord can mind it much better than the next of kin. If a personal representative turns up at some stage the landlord can deal with that person. The landlord can't be expected to chase around after someones relations.

I'm talking about of they die intestate and there is no executor. In this scenario, the next of kin is the go-to and had more right to the money than the landlord. So if you think in this scenario that the next of kin may not have a right to it, well, the landlord is even farther down the pecking order. What issues the next of kin might have is irrelevant.

crossmolinalad

_Dara_ wrote: »

For me, if I was a landlord, it would be very easy. Find the next of kin. If they are Irish, that is easily done and even if they are from another country, it's not impossible. Why can't the money be given to the next of kin?

I did the right thing telling the landlord who he has to contact if something happens with me and also putted it down in my rent book
A name and phone number from my brother and sister and those are also in my phone and on a piece of paper in my wallet
Should be a normal thing to do for a tenant who lives alone to give those details to a landlord so if something is going on they have a contact person
Year ago was for a couple of weeks in a hospital , landlord wanted his rent of course so called my brother and he paid him what he owed
Those are normal things you do in Holland so living alone tenants and landlords here should do this here too

Claw Hammer

_Dara_ wrote: »

I'm talking about of they die intestate and there is no executor. In this scenario, the next of kin is the go-to and had more right to the money than the landlord. So if you think in this scenario that the next of kin may not have a right to it, well, the landlord is even farther down the pecking order. What issues the next of kin might have is irrelevant.

If they die intestate the President of the High Court becomes entitled to the deposit. The next of kin or one of them has to apply to the High Court for a grant of administration to become a personal representative. After that the personal representative is entitled to seek the deposit from the landlord. If it has already been paid to someone else that will not release the landlord from his obligation to pay the deposit the the personal representative.

_Dara_

Claw Hammer wrote: »

If they die intestate the President of the High Court becomes entitled to the deposit. The next of kin or one of them has to apply to the High Court for a grant of administration to become a personal representative. After that the personal representative is entitled to seek the deposit from the landlord. If it has already been paid to someone else that will not release the landlord from his obligation to pay the deposit the the personal representative.

Fine, the key thing is that, unless the landlord is entitled to take some deposit for damage that needs to be covered, the landlord isn't entitled to it. That is one thing that is for certain. So if the tenant was intestate, the landlord must forward it to the pressie dude. If the tenant had a will, they forward it to the personal representative. In neither scenario is keeping the deposit acceptable except unless it's needed to cover damage above wear and tear. It's hassle for the landlord to deal with but it'd be a pretty rare occurrence and no business is hassle-free.

4ensic15

_Dara_ wrote: »

Fine, the key thing is that, unless the landlord is entitled to take some deposit for damage that needs to be covered, the landlord isn't entitled to it. That is one thing that is for certain. So if the tenant was intestate, the landlord must forward it to the pressie dude. If the tenant had a will, they forward it to the personal representative. In neither scenario is keeping the deposit acceptable except unless it's needed to cover damage above wear and tear. It's hassle for the landlord to deal with but it'd be a pretty rare occurrence and no business is hassle-free.

The landlord won't know if there is an intestacy or not. the President of the |High Court does not get involved in keeping property from intestate estates. The landlord keeps the deposit until someone shows up who can prove they are entitled to claim it. That is what banks do when a customer dies.

GoldFour4

When loss of income is mentioned, what are people referring to? is this the time between the deceased belongings being removed and someone new moving in? Or is it something else?

riemann

This thread has confirmed what I've heard about a certain type of landlord, thankfully having never come across it myself firsthand.

May God have mercy on you all when the next crash comes,and it's only a matter of time.

Tick tock.

Claw Hammer

riemann wrote: »

This thread has confirmed what I've heard about a certain type of landlord, thankfully having never come across it myself firsthand.

May God have mercy on you all when the next crash comes,and it's only a matter of time.

Tick tock.

It is generally the softies who suffer in crashes. Those who maximise their return are better prepared for the rainy day. The rainy day in fact offers an opportunity to expand the portfolio at the expens of the softies.

STB.

Graham wrote: »

Thanks, would be interested in a link to see how that all worked out if you have one.

It was a Northern Ireland student living in the UK. And its worse again as it was a house share. I have no idea how it panned out.

http://news.bbc.co.uk/1/hi/northern_ireland/7318220.stm

http://www.newsletter.co.uk/news/landlord-demands-family-pay-rent-for-dead-daughter-1-1865995

http://www.newsletter.co.uk/news/parents-asked-to-pay-tragic-student-s-rent-1-1866003

Claw Hammer

STB. wrote: »

It was a Northern Ireland student living in the UK. And its worse again as it was a house share. I have no idea how it panned out.

http://news.bbc.co.uk/1/hi/northern_ireland/7318220.stm

http://www.newsletter.co.uk/news/landlord-demands-family-pay-rent-for-dead-daughter-1-1865995

http://www.newsletter.co.uk/news/parents-asked-to-pay-tragic-student-s-rent-1-1866003

It seems to be the flat mates who are the problem there, not the landlord.

ted1

davo2001 wrote: »

Don't be a dick, return it to the next of kin.

Why next of kin? Why not the executer of the estate, the tenant may not wish for the next of kin to get a thing