- August 16, 2023
- Posted by: legaleseblogger
- Category: Related News
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The AI Legalese Decoder: Simplifying Complex Legal Terms
Introduction:
In the following content, we will explore a messy situation involving the renting of a flat in Northern Ireland, where the solicitors and executor of the will are based in England. We will discuss the challenges faced by the tenant, their efforts to resolve the situation, and how the AI Legalese Decoder can assist in navigating this complex scenario.
Background:
In January 2023, the landlord of the rented flat passed away. The tenant currently resides in one of the landlord’s flats without a written lease. The executor of the will, who happens to be the landlord’s sister, never reached out regarding the rent payment process. Seeking guidance, the tenant approached an individual responsible for managing the landlord’s property (referred to as “A”). A suggested continuing to pay the rent into an account; however, the tenant encountered difficulties as the payments were consistently rejected. This information was promptly communicated to A, who assured the tenant that the executor (referred to as “B”) would contact them. Despite anticipating a resolution, several months passed without any communication from B. Feeling uncertain about the situation and lacking clarity due to the absence of a landlord and written lease, the tenant made the decision in May to purchase a house.
Rent Payment Dilemma:
With the intention of freeing up funds for solicitor fees and insurance costs associated with the new property, the tenant reluctantly used the money set aside for rent. The lack of contact and effort from B further reinforced this decision. However, a new development emerged when a previously unknown person, identified as a relative of the landlord (referred to as “C”), suddenly contacted the tenant. C stated that B had contacted her, inquiring about the rent payment situation. The tenant expressed surprise at being contacted by C, emphasizing that they have never spoken to B or anyone involved in addressing the rent issue. Despite being left in limbo for eight months, the tenant is now being asked to pay the full outstanding rent for the entire period, amounting to over ┬ú5,000.
Furniture Ownership Dispute:
Complicating matters further, there is now a dispute concerning the furniture in the house. Prior to the landlord’s demise, the tenant purchased furniture directly from him, paying in cash (approximately ┬ú1,000). However, C contends that the furniture falls within the landlord’s estate and cannot be claimed by the tenant.
Hope for a Reasonable Resolution:
In light of these circumstances, the tenant remains hopeful that the executor of the will, B, will demonstrate understanding once the situation is explained to her. The tenant is considering proposing a payment plan to alleviate the financial burden of the accumulated rent. However, it is crucial to determine the tenant’s rights in this complex scenario, especially if the other party decides to initiate legal action.
Role of AI Legalese Decoder:
In such intricate legal matters, it can be challenging for individuals without a legal background to comprehend the implications fully. However, the AI Legalese Decoder offers assistance by simplifying complex legal terms, providing guidance, and clarifying individual rights in specific situations. By utilizing this tool, the tenant can gain a better understanding of their legal standing and potential options for resolving the dispute. It can decode legal language, facilitate communication, and ultimately help individuals navigate through the confusion they might face.
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Title: The Impact of AI Legalese Decoder in Simplifying Complex Legal Language
Introduction:
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****** just grabbed a
I wouldn’t trust pereon C. Wills get messy for all you know person C has been stiffed and is trying to get an inheritance through the back door.
Only deal with the executor.
This will also give you more time since the executor I’d being incredibly slow at dealing with the estate.
Your only reply to C is “thank you for getting in touch I’ve been trying to contact the executor about the rent please have them contact me. Please also let them know that I purchased the furniture so it is not part of the estate.”
If C is not the executor, ignore her. Wait to be contacted by the executor. You only have CÔÇÖs word for it that the executor has asked her to contact you.
I expect youÔÇÖll be shit out of luck on the furniture unless you can show something in writing.
I would expect the executor to accept a payment plan. ThatÔÇÖs all theyÔÇÖd get if they took the issue to court anyway, so thereÔÇÖs no point them making a fuss.
IANAL and most of what I say is based on knowledge of England.
You owe the rent in line with what you previously paid, which you should be able to evidence. I hope you didn’t just spend it.
Even though you haven’t a written lease you are technically a tenant and will have tenant rights as anyone else does. I can’t remember what it’s called but you essentially have the same rights as any other tenant. I say this as the inheritors may be keen to kick you out so they can sell the property. The can’t simply do that.
The furniture, you should fight for it. Do you have a bank record of taking out £1k to pay for it? Chances are that would be enough to win in small claims court.
Do you have a protected deposit? If not, you can potentially claim a significant sum from the estate for them not doing this, more than enough to cover the loss of the furniture. It’s also a bargaining chip.
The Executor knows how to contact you at your current address but has not done so. How are you contacting them to terminate your tenancy ready to move into your new property? You need to give notice else you will be liable for rent.
You’re in NI yes? Have you thought about speaking to Housing Rights? They’re a great NFP organisation in NI that help people in all sorts of housing situations.
The likelihood is they’ll tell you that you do need to pay it but will help you through the negotiations to pay it back bit by bit and act on your behalf in any disputes etc etc.
Having been on the receiving end of them in my job, I can’t recommend them enough.
http://www.housingrights.org.uk
You can ignore C, but you obviously owe the estate 8 months rent.
If you bought the furniture, itÔÇÖs yours. Inform the executor that it is not part of the estate. If there is no written record then your verbal evidence will have to do. ItÔÇÖs unlikely it would be disputed, so the result depends on whether you have physically take. the furniture (theyÔÇÖre unlikely to try to get it back) or left it there (they may refuse to hand it over).
There will be a record of you trying to pay the past rent. It will probably have bounced because the bank was told the landlord had died and suspended or closed the account rather than having the money forwarded to the estate, which would have a separate account.
An executor takes power from the will. They should have contacted you telling you where to pay the rent into the estate.
You still owe the back rent but they should give you time to pay.
Is it possible you are dealing with an executor who decided not to use a lawyer to administer the estate? As a solicitor, IÔÇÖd say thatÔÇÖs usually a good idea as itÔÇÖs not usually that complicated to do it yourself snd di not worth paying for. However where there is such a distressing death and the complication of property the deceased didnÔÇÖt occupy, it looks as though the executor wasnÔÇÖt up to it and that might not be surprising.
As already said, wait for formal contact from the executor of the will, do not make any agreements or payments to anyone else, and you don’t need to discuss it either.
You will owe the estate the rent, but they will pursue it as any other debt, in writing, so you have a little time before they can start legal action. They would need to show evidence of trying to obtain the debt before they take any legal action, and verbal discussions will not count as evidence.
You do owe the executor of the will the rent money so I’d just agree to a small amount each month.
I would also add that, when dealing with the executor, ensure that you have proof that they are the executor of the deceased estate. This would be seeing a copy of the will or, preferably, the grant of probate. Personally, I wouldn’t hand any money over until probate has been granted (if it hasn’t already). Monies owed, including the back rent, will be included in the probate application. You can negotiate repayment later.
No, pay your rent in monthly payments over the next 8 months
Do not pay a penny to anybody except the executor. The relative may well be pulling a fast one. You pay them, and youÔÇÖll still owe the rent to the executor. Just carry on buying your house. Use the part of the set-aside money to pay your solicitor, then top it back up next month. Inform the executor of your new contact details, plus the estate agent. Ask the estate agent to provide confirmation in writing (email/letter) of the agreement re furniture, as they appear to be aware of it.
The relative does not have any right whatsoever to ask you for anything (there is a caveat to this, explored below), even if the property is now theirs. The rent was due to the estate between death and probate granted, and that is down to the executor (and them alone) to resolve. If the relative can demonstrate probate and ownership, you will be liable to pay them for any rent due from date of probate/change of ownership to date of end of tenancy, and nothing more. But donÔÇÖt pay them anything without seeing the original documentary evidence of probate granted and transfer of ownership.
If there is no tenancy agreement, what are the factors that would influence the landlords rights? Could someone link me some information that directly answers this?
Verbal agreements are worth the paper they’re printed on. I wouldn’t count on anything going in your favor.
Long and short; you owe the money for rent, and you know you do. If you moved without agreement of (who knows, this is a messy situation) then you may also owe for an extra [notice period] ontop of what you already owe. You need to get this notice explicitly stated now.
As for a full lump-sum monetary demand, they can wait. You can pay what you can now, and arrange a payment plan for the remainder. If they refuse and want the money all at once, they can go through the courts… who will likely agree that a payment plan is a sufficient resolution. Don’t be bullied into financial hardship.
You shouldn’t have dipped into money that wasn’t yours, but as long as you’re willing to pay it, it doesn’t really matter too much as long as you can reach a payment plan in both your interests. Don’t drag it out (a 25 year repayment schedule isnt reasonable), but don’t offer more than you can reasonably afford to (a 3 day repayment schedule isn’t reasonable).
if you have no lease of binding contract to say you have to pay a certain amount of rent and it was all done by verbal agreement. i don’t think they have a leg to stand on when getting any money out of you. they could easily say that X amount was agreed but you could easily say your rent was free.
its their fuck up for not sorting out your dead landlords assets as soon as he passed and putting someone else in charge of his property management.
Rent is due regardless with probate estate sometimes might take time, if you are buying the house then that is something you can negotiate.
Do not in any circumstances engage in any discussion about the estate/rent or anything else with anyone that is not the executor.
Ignore C, wait for the executor to contact you in writing. You might even be able to negotiate a lower lump sum to pay off the 8 months. Either way you donÔÇÖt even need to consider this until youÔÇÖve received written communication from the executor. You will also be able to negotiate how and when the money is paid back, they wonÔÇÖt be able to demand all 8 months are paid at once if you cant/refuse to pay it in a one.
With regards to the furniture, take it with you when you leave. You paid for it and had a verbal agreement with the deceased. Hopefully you have some form of evidence (even a bank withdrawal to pay the cash to your landlord), even if you donÔÇÖt have evidence nobody is coming after you for a grands worth of furniture.
Ignore the sanctimonious comments about how you should have put all the rent into a separate account so you can pay it when asked for it. You will only be required to repay the debt at a pace you can manage, there is no expectation that you should have to pay it all in one go at some arbitrary point in time. You did the right thing using some of that money to buy your house.
Tell C you’d rather use that 5K to hire a ghost therapist for the haunted furniture. Good luck!
Take the furniture, possession is 9/10th of the law. They’ll never recover it’ll cost more than the furniture is worth. Send executor bank statements of your previous rent payments pre death and post death. If anything else comes back go to a solicitor. You have done no wrong here.
You will definitely owe someone the rent at some point so don’t spend the money make sure you have it. Find out your bank records to show what you paid and when i the past, this can serve as evidence in lieu of a written lease.
Don’t just hand over the money to C wait for the will to be settled, and notification from the solicitors.
Be ready to have to move, likelyhood is the family will sell the property to split the assets and you will have to move out.
> no written lease
On that basis, youÔÇÖll probably make a clean break with the unpaid ÔÇ£rentÔÇØ but lose the furniture.
Should give you a net gain of circa ┬ú4k which is better than a bloody nose. IÔÇÖd take it and run. Enjoy your new house and no longer having to pay someone elseÔÇÖs mortgage.
provided you propose a reasonable payment plan (ie the true amount you can afford each month – not nominal and definitely more than the rent you would be paying each month) then they shouldnÔÇÖt have any cause of legal action against you. If they did take legal action, youÔÇÖd be able to show your bank statements (for income & outgoings) to prove that the payment plan was truly what you could afford. If you use that payment plan with what youÔÇÖve saved to pay the rent back, youÔÇÖd be fine. As for furniture; unlikely youÔÇÖll have a valid claim to that without proof you purchased it with cash (WhatsApp messages, a receipt etc?) hope that helps.
Tell C you will only speak to the executor. You cannot trust anything C says as you don’t know the situation between C and the executor. They know where you live, sending documentation to the house is really easy for them to do. Do not discuss anything with C except “please tell the executor to get in touch”.
Keep as much of the rent you owe aside as you can and if need be you will be able to pay this back in installments. Paying back a large lump sum with installments for the rest should be OK.
You can search probate records here: https://www.gov.uk/search-will-probate. Its not expensive and this should give you the details you need.
Regarding the furniture – again, do not trust anything C says. Cash in hand is tricky but I doubt the will specifically states furniture from rented properties and it is on them to prove that any specific items belong to them, but honestly I highly doubt it will come to this.
If it comes to moving out and you receive no contact, send notice to the address of the executor and leave forwarding details.
Good luck OP, rotten, complicated situation to be in but this too shall pass. Good luck with your mortgage and new home!
The way your LL died has no relevance to this story and you threw it out there twice
Have some compassion
Firstly, you need some proper legal advice regarding your current position. As you said you’ve sensibly put monies aside so you’ve shown an intent to make payments that were rejected. You’ve said there was a verbal agreement to buy all the furniture for ┬ú1000, however, if that included a valuable picasso you may find that challenged. List what was included in the sale and if you have it show the sum being transferred from your account to the landlord. If the executor decided to be challenging they could bring a civil suit through the courts you could end up with a ccj that could be held against your mortgage and create future credit problems. Also, if you can’t prove ownership of the furniture you could be accused of theft if you remove items without agreement. Hopefully, the executor and sister may be acting out of character at the sudden death of your landlord
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You say you’ll have to “dip into” the money you set aside for the rent to pay for the solicitors fees. How much would be left? How long do you expect it might take you to be able to save up again to cover the amount you use for this?
Ultimately you still haven’t even heard from the executor yet, and even when you do it will take some time to organise what comes out of that conversation. If they ask you for ┬ú5k and you were in a position to say “I can give you half now, and half over the next X months” that’s probably reasonable enough to keep them happy – or at least reasonable enough that attempting to pursue any action against you is simply not worth the hassle.
All this is to say that while you certainly do owe the money, you possibly have enough time to play with that you can get the outcome you want.
NAL
I feel for your situation and I think you should tell C to get the executor to contact you, rather than do it herself, you have no real proof C has any rights to the money.
However:
>because of the cost of the fees for a solicitor and insurance prices we have had to dip into the money we set aside for the rent
That wasn’t your money to spend, you used a service (rental) and you owe the owner/estate for the service you used. Just because you can’t pay it, it is still owed. You not being able to afford to buy a house doesn’t make it legally yours to spend.
As you’re now where you are, I guess a payment plan is all you can do, but I think this is utterly on you, not a dead person not having their affairs in order. It’s normal for things to take time to sort themselves out.
IÔÇÖm going to state the obvious but have you considered that if a 5k debt is going to mean you may not be able to pay a deposit, are you certain buying a house is the best idea?
In regards to the rent you should have put it in a savings account and accrued interest on it. It is not yours to spend so I donÔÇÖt know why you would dip into it. Unfortunately you may need to find solicitor fees elsewhere. You should have took this into account when applying for a mortgage.
I am leaving a comment here for the people who are confused, I have the rent money in a savings account. I HAVE NOT SPENT IT. There is still 5k there. The only time it was touched was last week when I had encountered a larger solicitors fee than expected. This money will be replaced in August. The executor of the will HAS NOT been in touch with me at all. I do NOT have any details for the estate or anyone who has any legal dealings with the estate to sort this
So for the minor few in the comments who seem to keep accusing me of purposefully not paying my rent. You are wrong. I thought it made clear in the main post
Don’t pay it!! Block them. Buy your house and live your life :):)
DidnÔÇÖt you save the rent money you that bounced back so you could pay them when needed.
If you lived somewhere you need to pay them their money
You have to pay your rent. The landlord is dead but you should have paid it to the estate or kept it aside. The fact you decided to use the rent money for other things has no impact on this. YouÔÇÖll have to pay in full or work out a repayment plan.
Not having a contract is probably not the issue here. You are living and have been living at the address.
From a moral point of view you should pay this rather than have the relatives of someone who took their own life pursue you for this debt.
You only need to confirm that you are paying the correct person. Then do everything in writing for Time To Pay..
I would suggest not fighting the furniture if they don’t fight the non-payment of rent. You wind up much better that way.
In terms of not paying rent, you could be evicted. That’s about all they can do in the UK.
I’m confused. If you owe 5k in rent why aren’t you paying it. Did you think you were living there for free.
OK ok ffs. Why did they spend their rent money, what sort of payment plan did they need, were they trying to exploit a death to get away with blowing their rent. Like seriously did they not think someone would come for the money they owe.