The first thing to note is that the service charge debt is owed by the estate of the deceased leaseholder therefore any claim for service charges or ground rent would have to be presented to the executors of the estate. Sometimes, family members of the deceased offer to settle the debt in advance of probate being obtained and then reclaim the expenses from the estate. There is no obligation on family members to do this and therefore it is a matter for negotiation between the landlord and family members.
More information you might find useful:
- Leasehold Retirement Housing
- More Frequently Asked Questions on Retirement Housing
- Resolutions for service charge disputes
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