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Succession Rights Council Tenants - Quite Urgent.

My neighbour sadly passed away this week, having gone through all the paperwork we have found the rent book which has only the deceased name on it, we cannot tell if her partner (unmarried) is on the tenancy agreement and therefore has a right to succession.

We have however found the council tax bill with is joint naming both the Deceased and her partner. The fact it is a joint council tax bill can we safely assume it is a joint tenancy?

Any advice or light shed on the matter will be gratefully received.

Mark
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Comments

  • Hasbeen
    Hasbeen Posts: 4,404 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    markdarbo wrote: »
    My neighbour sadly passed away this week, having gone through all the paperwork we have found the rent book which has only the deceased name on it, we cannot tell if her partner (unmarried) is on the tenancy agreement and therefore has a right to succession.

    We have however found the council tax bill with is joint naming both the Deceased and her partner. The fact it is a joint council tax bill can we safely assume it is a joint tenancy?

    Any advice or light shed on the matter will be gratefully received.

    Mark
    Sorry no !
    Contact council!
    The world is not ruined by the wickedness of the wicked, but by the weakness of the good. Napoleon
  • Thanks we are going there tomorrow, just trying to gather as much information as possible.
  • Cissi
    Cissi Posts: 1,131 Forumite
    markdarbo wrote: »
    My neighbour sadly passed away this week

    And your pressing interest in this question is due to...???

    Any particular reason why you can't leave the grieving relatives to deal with this through the estate?
  • Cissi wrote: »
    And your pressing interest in this question is due to...???

    Any particular reason why you can't leave the grieving relatives to deal with this through the estate?

    Maybe the fact they are very good friends of mine, Maybe the fact I am trying to find out information that might help them during this stressful time.

    Shoot me for asking for help!!!!
  • Cissi
    Cissi Posts: 1,131 Forumite
    Double post, sorry - no idea why it posted the same reply again after a while!
  • It varies between housing associations/local authorities.
    I recommend you go to the local authority's website, go via 'housing' page. They should have all their policies there somewhere. I'd recommend you search the info out yourselves so there can be no 'miscommunication' from the council.
  • Cissi
    Cissi Posts: 1,131 Forumite
    markdarbo wrote: »
    Shoot me for asking for help!!!!

    Not at all, it's a laudable thing to do - but you'd almost certainly get more accurate responses if you posted the full details from the start.

    Good luck!
  • EmsyPuzzle wrote: »
    It varies between housing associations/local authorities.
    I recommend you go to the local authority's website, go via 'housing' page. They should have all their policies there somewhere. I'd recommend you search the info out yourselves so there can be no 'miscommunication' from the council.

    Thank you I have looked and I am still looking as we speak.

    Cissi wrote: »
    Not at all, it's a laudable thing to do - but you'd almost certainly get more accurate responses if you posted the full details from the start.

    Good luck!

    Sorry emotions are bit raw at the minute having lost one friend and facing the possibility of another having to move.

    My main question was does the joint council tax bill somehow imply there was actually a joint tenancy? and somehow the name on the rent book was not changed.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Liability for council tax has nothing to do with who is, or is not, listed on the tenancy agreement

    The T/A does help determine who should be liable although there are other factors which need to to be taken in to account.
    The fact it is a joint council tax bill can we safely assume it is a joint tenancy?

    No - a resident partner is always jointly liable for the council tax charge irrespective of whether they are a joint tenant / owner.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Soot2006
    Soot2006 Posts: 2,184 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    long enough to qualify.

    Not the same thing as already being a tenant though ...
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