Who is liable for a deceased tenant’s rent arrears?

Here is a question to the blog clinic from S Howard whose father was a tenant:

My father lived and died in sheltered housing.

My father has left no money or any assets whatsoever and I need to know if the next of kin are liable for paying any outstanding rent.  Thank you.

Answer

If someone dies leaving outstanding debts, these are paid from the dead person’s ‘estate’.  The ‘estate’ is the name for everything they own at the time they die, it does not mean landed estate!

So when someone ‘administers’ an estate (for example a solicitor or executor), they first have to work out what the deceased person owned at the time of death.

Then they have to find out what debts the deceased person owed and pay them – which they do from the assets they have found.

Only after that has been done can any money or items be paid or passed over to the beneficiaries (e.g. under the will or intestacy).

If someone dies with debts and no assets, then that is an insolvent estate and no-one gets anything.

However this does not mean that the relatives or executors (in their personal capacity) are then responsible for paying the  deceased persons debts.  They are not.  The debts are not their debts.  The creditor will just not get paid (unless you decide to pay them voluntarily).

So don’t worry, the landlords have no legal right to claim the rent from you.

If they try to do this, you should refuse to pay.  Tell them that your father did not leave any assets to pay for the outstanding rent and that you are sorry but there is nothing you can do about it.  So far as you are concerned it is not your debt and you are not responsible.