End of Council Tenancy Charges - Complicated

Lozz

Hi all,

Apologies in advance as I think this is going to be quite long.

The situation is that my mum lived in a council property for 41 years, she passed away last September. Over 16 years ago a friend moved in with her as they were company for one another. He was never included on the tenancy or any of the bills.

When my mum passed away I informed the council and also informed them that he was in the property. They at first tried to get him out immediately, but as he's 72 with various health problems they were unable to, and therefore in January this year they found him a sheltered accommodation flat which he moved into immediately. They refused to succeed the tenancy at my mum's house and he did receive several letters threatening court proceedings for eviction during the 4 months he was there after she died.

He has now received a letter from the council demanding over £500 for end of tenancy charges, including over £300 for cleaning alone. There are attached pictures which show things like marks on the walls where the cooker/fireplace etc. have been removed, but IMO most of the pictures they have provided show nothing other than normal wear and tear. My mum regularly had the place decorated and only re-did the whole of the downstairs 18 months before she died. One of the pictures shows flat pack boxes on the living floor where we removed the laminate flooring for his new flat, and then they have charged for removing the laminate in the hallway which we didn't take for instance.

Anyway, I'm just wondering if anyone can offer any advice on this as a) he was never the tenant and they refused succession, b) he only lived there for 4 months on his own, and c) what would be reasonable wear and tear after a 41 year tenancy.

They have threatened him with court action again over this and as he's 72, has had a triple heart bypass and a stroke, I'm worried about his health. Also these past 9 months haven't been easy on any of us and when we finally think we are moving forward, the council strikes again I'm half tempted to pay the £520 they are demanding to put an end to it all, but thought I would ask for some advice first.

Many thanks in advance and again, sorry for the long post.

Lozz x

HappyMJ

If they do get a CCJ he'll only have to pay it back at a low token payment each week so I wouldn't worry about it too much....so personally I'd go to court and defend your side. It's not as stressful as you think. It's not like the telly. Everyone sits down and discusses it putting each of their points over and the judge comes to a decision. There aren't any solicitors involved.

motherofstudents

Can he get some help from CAB or similar, and that might take some of the pressure off. It's not nice having to go to court but it is very informal. Even so I'd be concerned for someone of his age who is not in the best of health. Maybe someone from Age Concern might be able to help or a similar organisation, I believe there are people who will go to court with him and do most of the talking.

Lozz

Thank you for your replies both. I do really want to avoid the court route if possible as I don't think he will be able to cope with it. If he is liable for the charges I will pay it for him before it gets to that stage.

I was just wondering if the charges were fair considering his position, i.e. several letters threatening eviction, refusal to succeed the tenancy (which I agree with), and then landing up with end of tenancy charges. However if they are fair and due to the council I will pay it for him to hopefully put an end to the matter.

I have advised him to go to the CAB but thought I would ask here as obviously it's the weekend and he's worrying about it.

Thanks for your help.

Lozz x

RAS

Age UK, Shelter and might be worth arranging a meeting with the local Councillor at his/her next surgery?

Lozz

Thanks RAS, will try those on Monday as CAB is a nightmare round here, if he is liable I will pay the bill, but I'm struggling to see how he is as he was not the tenant, he only lived there for 4 months after my mum died, and the photos provided in no way suggest £520 worth of work.

Many thanks for all your help.

Lozz x