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Rent demanded off deceased lady..
hellokitteh
Posts: 3 Newbie
One of my relatives was a council tenant before she died and didn't pay rent.
After she died my mum gave the council notice that the property had become empty and everything was fine. Mum was given a date in which she had to return the keys and we got them in on the morning of when they were due in. After a few weeks, mum got a letter from the council saying that my dead relative owed rent for the 2 weeks notice that my mum had given.
We've rang the council and tried to get an explaination as to why my relative has been charged rent when she never payed rent before. All we've been told is that this is the law
anyone with advice?
After she died my mum gave the council notice that the property had become empty and everything was fine. Mum was given a date in which she had to return the keys and we got them in on the morning of when they were due in. After a few weeks, mum got a letter from the council saying that my dead relative owed rent for the 2 weeks notice that my mum had given.
We've rang the council and tried to get an explaination as to why my relative has been charged rent when she never payed rent before. All we've been told is that this is the law
anyone with advice?
0
Comments
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I'm no expert but i'd ask them to speak to whever is doing the probate as obviously your Grandmother can't be liable for it. Maybe someone else has more of a clue.0
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Why did she never pay rent before? benefits?
If it is to pay it would have to come out of the 'estate' your mother or anyone else is not liable for grandma's rent.
If it was say housing benefit, then ring the DWP and explain.make the most of it, we are only here for the weekend.
and we will never, ever return.0 -
Why did she never pay rent before? benefits?
If it is to pay it would have to come out of the 'estate' your mother or anyone else is not liable for grandma's rent.
If it was say housing benefit, then ring the DWP and explain.
Yeah she was on benefits/pension (she was 85).
She never left a will and her insurance covered the funeral.0 -
I'm guessing here, but would suspect she got housing benefit when she was alive, however housing benefit cannot be paid to a deceased persons estate and even deceased have to give notice on Council property, therefore rent is payable by deceased estate.
I had a similar thing when a relative died. Thats how it worked for me - makes sense I thought. And beware, the DWP are quite likely to ask for proof & lots of proof of deceased estate/bank accounts AFTER probate is granted (about 3 months after probate in my experience) .....if you are going for probate, so DONT throw any paperwork away. And DWP may well go back years on deceased accounts.0 -
My OH's grandmother was in a council house with costs covered by benefits, but those benefits ceased the day she dies, meaning her surviving relatives had to pay the full rate of rent from her estate until the day they gave up the tenancy. Seems a little mean really but the council are fairly immovable on it i believe.current debt as at 10/01/11- £12500
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Tenancies survive the death of the tenant! Therefore the rent will need to paid by whoever became the new T on the death of the old T. Be careful: This could be the estate of the old T but it could be someone else as certain types of tenancy (and especially those used by social housing organisations) can be "inherited" in certain circumstances via their own process.
Either way, the council need to be paid and they should be able to advise you whether there is a new T who has to pay or whether the estate will need to pay. In the latter case, funeral expenses and legal fees will need to be paid before this rent is paid.0 -
My OH's grandmother was in a council house with costs covered by benefits, but those benefits ceased the day she dies, meaning her surviving relatives had to pay the full rate of rent from her estate until the day they gave up the tenancy. Seems a little mean really but the council are fairly immovable on it i believe.
I can understand that the council probably has a legal duty to charge rent up until the time the keys are returned, but it was mean of the council officer not to explain that at the time notice was given. This must happen often, so the council must be aware that a deceased tenant's relatives don't necessarily understand that HB ceases but rent doesn't. They should make sure to make that clear, instead of just saying "Return the keys by such-and-such a date."
The OP might want to contact the Local Government Ombudsman (http://www.lgo.org.uk/) and ask them if there's grounds for a formal complaint. Councils should be held accountable for this kind of inconsiderate attitude. It might stop them from doing the same to others in future. And the OP might get compensated for the 2 weeks' rent, or at least get an apology.0 -
I am shocked if this is the case - are you meant to dash into the house within hours of your relative dying, to clear away all their personal possessions, in order to minimise any chargeable rent? Is there no grace period? *shakes head in despair*:heartpuls Mrs Marleyboy :heartpuls
MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote
Proud Parents to an Aut-some son 0 -
When my father died, the local council gave two weeks grace, to allow us to empty the flat.
John0 -
Johnhowell wrote: »When my father died, the local council gave two weeks grace, to allow us to empty the flat.
John
Yep same with my Brother (but I think we had a month).0
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