Hello,I am Law Denning and I am a practising solicitor in a High Street practice. Ihave been an expert on this website in UK law since 2008. During that time, asyou appreciate, I have answered thousands of questions from satisfied users ona variety of subjects. Because we are all in practice with clients and courtand other users, I might not always respond in minutes, particularly eveningsand weekends. Please bear with me in that caseIt is my pleasure to try and assist you with this today. Please bear with mewhile I gather some further information from you in order for me to be able toadvise you fully.
Is the flat now empty? When did you empty it? Why the delay?
I can tell you that this is nothing to do with Frustration of Contract as the contract subject matter, the flat, hasn't been destroyed.
The flat was empty from the 8th March but was empty of occupants as soon as my brother's body was taken away. This was the earliest that I could get the flat cleaned as the letting agents had asked me to do. This cost me £250. The landlord has tried to justify holding £1050 of the deposit by claiming the carpets were new when my brother tenancy started in 2010 but cannot provide any receipts. He is also claiming a new underlay is needed costing £300. The amoun of rent he is withholding is about £350 and he wants to return £75 of the deposi. It is obvious he wants to re-do the entire flat. Had I known this outcome I wouldn't have had the flat cleaned at my expense but would have asked the letting agents to deduct it from the deposit. So, it looks to me as if they rushed me into cleaning the flat, so they weren't put in a position where they had a defecit and had to chase me for money. There are several issues here asd I'm sure you appeciate
Thank you. As Isaid earlier, frustration of contract does not apply.
Unless there is aprovision in the tenancy agreement for it to end on death, then if it is duringthe current tenancy period, that your brother died there is a liability forrent until the end of the rental period or, until the landlord gets a newtenant if sooner.
If the originaltenancy had expired and your brother was holding over on a month by month basisthere is a liability for one months notice or, in longer, until the flat isemptied of all possessions.
In that case,notice should have been given at the end of February for the tenancy to end atthe end of March and it should have been emptied of possessions by the end ofMarch.
If you are theexecutor of your brother's estate, all I would do is agree to pay the rentuntil the flat was completely empty of all possessions and if the landlord willnot return the rest of the deposit, I would file a dispute with the depositscheme that fails, I would simply issue small claims court proceedings whichyou can do quite easily here www.moneyclaim.gov.uk
At the moment, Ithink the landlord is trying to use you as a soft touch/cash cow.
Does that answerthe question.? Can I assist any further?
I am happy tofollow up any individual point you make
I am online andoff-line each day and most weekends so please bear with me if I do not comeback to you within nanoseconds.
Please don'tforget to positively rate my answer service (even if it was not what you wantto hear). If you don't rate it positively, then the site keep your deposit andI get 0 for my time. It is imperative that you give my answer a positiverating. It doesn't give me "a pat on the head", "good boy" (like ebay), it ismy livelihood!If in ratings you feel that you expected more or it only helped a little,please ask. Thank you.