Housing benefit - liability for next of kin

Pinkpig74

I have done a search for this, so apologies if I'm repeating something here.

My Grandma died over Easter. It has been very difficult for us all as she was much loved and although she had very little material things her family meant everything to her.

Anyway - she lived in sheltered accomodation and her rent was covered by her housing benefit. Following her death the council have written to us and informed us that a 4 week mandatory period has begun to allow us time to empty the house of Grandma's belongings and for these 4 weeks full rent is payable by the family.

Does anyone have any experience of this because it doesn't seem quite right to me? Surely the tenancy agreement can't pass to the family on death and if it does surely we shouldn't have to pay if the house is available to be re-let earlier than the 4 week window?

It is a minor thing considering everything else that has had to be sorted and paid for since she died, but we aren't a wealthy family and have had to pool resources to give her a good send off - I just wondered if it's worth disputing?

Any help gratefully received.

Thanks.

Zingara

HB automatically ceases on the date of death (or the Sunday after that). The Council haven't passed the tenancy agreement onto you, they have said that you can have 4 weeks to clear out the property and return the keys but you must pay full rent for that time as there is no HB in payment.

If you can return the keys in a shorter space of time then you can do that and not be charged for as many weeks. Once the keys are surrendered to them I don't think they can carry on charging you for "rent"

There are two ways of looking at it really.

1) If you didn't take up the option of clearing the property out then the council would do it for you and no doubt charge you for the privilege (it would probably be quite expensive as well) and be able to rent the property out quicker.

2) The council accept that it is a difficult time and as such don't expect anyone to rush to clear out the deceased's personal belongings. However, whilst the property is still effectively being occupied, albeit only with belongings, then they are losing out on rent which they need.

The best way round it is to clear the property out ASAP, hand the keys back in (making sure you get a signed receipt for them) and then wait for further contact from them. When you receive a letter asking for payment, write to them advising there is no money in the estate to pay any outstanding money. Trust me, the staff there won't like contacting relatives to ask for money but they have to do it.

Karen

arlybarly

hi pinkpig 74
i was in the same position as you a few weeks ago with my dad dieing suddenly. he lived in a housing association flat with the rent paid by housing benefit, this did stop as soon as the housing benefir new hed died. i had 4 weeks to clear the flat, which i had the keys for exactly 2 hours while i looked for any documentation. i then gave the keys back to the housing and they boarded it up a couple of weeks later. i was told i would have a letter from them about the outstanding rent ect, which i recieved a few weeks ago and i simply filled the form in they sent me to say that my dad had left no estate, money, nothing and sent it back and that was it. dont worry this is standard procedure, the debt dies with them only if there is no money, if there is money you would have to pay it out of what was left before you had your inheritance, but as you say theres nothing you are not liable, hope this helps

CIS

You need to ensure you inform your council tax department and request the Class F exemption for the period until the keys are handed over.