Thank you. As I
said earlier, frustration of contract does not apply.
Unless there is a
provision in the tenancy agreement for it to end on death, then if it is during
the current tenancy period, that your brother died there is a liability for
rent until the end of the rental period or, until the landlord gets a new
tenant if sooner.
If the original
tenancy had expired and your brother was holding over on a month by month basis
there is a liability for one months notice or, in longer, until the flat is
emptied of all possessions.
In that case,
notice should have been given at the end of February for the tenancy to end at
the end of March and it should have been emptied of possessions by the end of
If you are the
executor of your brother's estate, all I would do is agree to pay the rent
until the flat was completely empty of all possessions and if the landlord will
not return the rest of the deposit, I would file a dispute with the deposit
scheme that fails, I would simply issue small claims court proceedings which
you can do quite easily here www.moneyclaim.gov.uk
At the moment, I
think the landlord is trying to use you as a soft touch/cash cow.
Does that answer
the question.? Can I assist any further?
I am happy to
follow up any individual point you make
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off-line each day and most weekends so please bear with me if I do not come
back to you within nanoseconds.
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