After death of a council tenant, who's liable for the rent?

mariat · 23 January 2016 at 3:53AM

My step father, who was a council tenant, recently passed away. My mum had lived with him until she was admitted to a care home with dementia. When he was diagnosed with terminal cancer, I took over paying his rent etc. from a joint current account he asked me to open. When I phoned the council to notify them of his death, I was told that we could have time to clear the house, but that housing benefit would cease from the date of his death, and thereafter the full rent of just over £200 per week would be payable.
So, can someone please advise me, am i liable to pay this? My name wasn't and has never been on the tenancy, and I didn't live there. My step dads savings were just enough to cover his and my mums funeral expenses, and her only income is her state pension which goes to paying her care fees.

Torry_Quine · 23 January 2016 at 4:00AM

No you aren't liable although the council may say you are. If he has no estate then there is no money and the debt dies with him.

thequant · 23 January 2016 at 4:51AM

mariat wrote: »

My step father, who was a council tenant, recently passed away. My mum had lived with him until she was admitted to a care home with dementia. When he was diagnosed with terminal cancer, I took over paying his rent etc. from a joint current account he asked me to open. When I phoned the council to notify them of his death, I was told that we could have time to clear the house, but that housing benefit would cease from the date of his death, and thereafter the full rent of just over £200 per week would be payable.
So, can someone please advise me, am i liable to pay this? My name wasn't and has never been on the tenancy, and I didn't live there. My step dads savings were just enough to cover his and my mums funeral expenses, and her only income is her state pension which goes to paying her care fees.

This one is simple, as I have had this one before.

technically the council is correct HB ceases as the point of death, but as I was told when it happened to me, (or technically my father failed to give notice he was leaving the property due to death)

Just tell them to fff off, most councils will leave at that. the ones that wont are easily scared into writing it off with a threat to call in the local papers.

Just to reiterate, under the rules they are technically correct in what they are doing (They cant take the money from you, but from your fathers estate). But it's the whole callousness of them them saying "you failed to give notice" why they don't deserve a penny.

P.s. from that experience I now why chairs are screwed down in the HB department,.

thequant · 23 January 2016 at 4:52AM

Torry_Quine wrote: »

No you aren't liable although the council may say you are. If he has no estate then there is no money and the debt dies with him.

correct, spot on

theartfullodger · 23 January 2016 at 9:37AM

Did any relative live there with mum/dad?? In particular in the 12 months prior to his death? If so they may have the right to succeed the tenancy which may be worth serious money..

densol_2 · 23 January 2016 at 9:57AM

You wont be liable for rent up to your s dad death - but you have " asked for time " to clear out his belongings. I know how hard that can be sometimes ( took me 18 months for my dad although house owned ) The trouble is the council are granting ' you' the additional time. Id imagine if they decided, they could just send in contractors to clear the place, so its best to clear the place as soon as and hope the council " waive " any rent technically due.

Adereterial · 23 January 2016 at 10:22AM

Sorry for you loss.

His estate is liable - if there's any money in his estate once his funeral expenses are paid, you'll need to pay the council and any other debts from that money, before distributing any inheritances. If there is no money, the debt dies with him.

davidmcn · 23 January 2016 at 11:01AM

densol wrote: »

The trouble is the council are granting ' you' the additional time. Id imagine if they decided, they could just send in contractors to clear the place

Hmm. Surely the tenancy has passed to the executors, and they're only liable to the extent of the assets in the estate? And if the council wants to regain possession they need to go through the usual procedures, they can't just walk in.

davidmcn · 23 January 2016 at 11:04AM

Torry_Quine wrote: »

If he has no estate then there is no money and the debt dies with him.

True, but it sounds like he does have estate as his

mariat wrote: »

savings were just enough to cover his and my mums funeral expenses

His funeral expenses get priority, the rest of his savings don't, even if he had earmarked them for his wife's funeral. That's assuming the account is in his sole name.

Shelldean · 23 January 2016 at 12:02PM

Had the same issue. Nan who was a council tenant on housing benefits died bank holiday Saturday. We went and notified the council on the Tuesday. Woman thought I was there to return the keys!!! When she realised that wasn't the case she demanded the house be returned to them by Friday. My Nan had lived there for over eighty years so not a quick task.
Told her not a chance I had a death to register plus funeral to arrange us all the other stuff you need to do. Plus I had four kids I needed to care for.
Finally agreed three Fridays time, giving us just under three weeks. A deadline we met just.

Council did Bill the estate, but lack of funds meant it didn't get paid. They did try and.persuade me to pay. And even sent several reminders!!! Just kept repeating no money in estate and they eventually stopped.

The estate is liable not you!!! Any money left once funeral is paid should be used. But online from sole accounts, anything in joint accounts passes to the other account holder and is not.included.

AdrianC · 23 January 2016 at 12:47PM

While it is absolutely accurate that the debt is the estate's, and if there's insufficient assets to clear the debt, the debt will go unpaid, there's one other factor to consider...

There is a massive shortage of local authority housing. The longer the property is out of action, the longer until somebody in need of it can move in.

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After death of a council tenant, who's liable for the rent?

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