Father-In-Law's HA problem

djh77

Hi all,

Need some quick advice please.

The father-in-law is terminally ill with brain tumors, and has today been given 5-6 months to live. Over the course of the last few years he has got himself into some serious debt. I posted on here a while ago about our van that the baliffs for council tax put a notice of seizure on - this was really the tip of the iceberg.

When we found out about a month ago he was seriously ill, we got written permission from him to deal with his HA and doctors. The HA took him to court last week, we went and represented him, over unpaid rent totaling nearly £3000. His council tax debts are, as far as we can tell, over £4000 and he has not paid any water bill in over 10 years.

Anyway, the advice I am after is to do with the rent/HA. When we went to court, we explained to the HA he is seriously ill (we did not know it was terminal then), and there was a chance he would need to go into a hospice. The HA's response was that they would not end the tenancy until the arrears was cleared up. However, on just a pension now, there is no realistic way of him being able to clear his rent to be able to end the tenancy. He has now been told by the hospital he does need to go into a 24 hour care home, and they are now sorting this out for him. But, I am still not sure how we get around ending the tenancy with him still owing a lot of money.

Also, the house is an absolute mess, and needs completely clearing out. Nothing in there is any good and all needs throwing. Again, the HA said it was his responsibility to clear the property before he leaves. He obviously is in no fit state to do that. They said they would clear the property when he left, but they would then bill him, or us, if he passed away. I am not sure they can bill us tbh?

Any advice would be appreciated, no sure where to tun here. Thanks.

Mojisola

djh77 wrote: »

The father-in-law is terminally ill with brain tumors, and has today been given 5-6 months to live. Over the course of the last few years he has got himself into some serious debt. I posted on here a while ago about our van that the baliffs for council tax put a notice of seizure on - this was really the tip of the iceberg.

When we found out about a month ago he was seriously ill, we got written permission from him to deal with his HA and doctors. The HA took him to court last week, we went and represented him, over unpaid rent totaling nearly £3000. His council tax debts are, as far as we can tell, over £4000 and he has not paid any water bill in over 10 years.

Anyway, the advice I am after is to do with the rent/HA. When we went to court, we explained to the HA he is seriously ill (we did not know it was terminal then), and there was a chance he would need to go into a hospice. The HA's response was that they would not end the tenancy until the arrears was cleared up. However, on just a pension now, there is no realistic way of him being able to clear his rent to be able to end the tenancy. He has now been told by the hospital he does need to go into a 24 hour care home, and they are now sorting this out for him. But, I am still not sure how we get around ending the tenancy with him still owing a lot of money.

Also, the house is an absolute mess, and needs completely clearing out. Nothing in there is any good and all needs throwing. Again, the HA said it was his responsibility to clear the property before he leaves. He obviously is in no fit state to do that. They said they would clear the property when he left, but they would then bill him, or us, if he passed away. I am not sure they can bill us tbh?

Any advice would be appreciated, no sure where to tun here. Thanks.

If a person dies owing more money than they have, the debts die with them.

Concentrate on looking after your FIL. The council/HA/utilities are never going to get their money. I would secure any personal items he will need when he goes into care and anything of sentimental value and leave the rest to the HA.

outofmoney

No idea of the legal side of things but sorry to hear the news. I would assume that upon his death, any money he owes would come from his estate. Doesn't sound like he has much of one, if any, so they won't get much. Is he insured?

Until then, maybe try and find the compassionate side of someone at HA.

Torry_Quine

As he's been given a terminal diagnosis then he is eligible for PIP or AA under the special rules.

As said above any debts when he dies are only payable from any estate he leaves and if not enough then debts are not collectable.

kelpie35

So sorry to hear about your FIL's health.

As far as I know your FIL's debts will die with him.

If I was you I would go to his home and take anything that is of sentimental value to him or your family, then take the keys to the HA and say that he is spending his remaining days in hospital.

I hope you have not given the HA your own address or telephone number.

carefullycautious

Sorry to hear about your father, do ask to speak to the hospital social worker who may be able to advise on the best course of action. He sounds as if he may have been ill for some time and this has affected his ability to look after himself or his finances.

If he has no estate left on death then I always thought that the debts die with you. They cannot chase you for them.

Maybe the consultant or his doctor could write to the housing association regarding how poorly he is.

Try not to worry too much as there is nothing you can do about the debts but do ask for as much help/info you can get.

djh77

Thanks for the advice.

He has no money or insurance so the HA and other parties won't get a penny when he dies. I am just unsure how to go about getting him out of his tenancy when he needs to get out of the property to go into other accommodation.

What is PIP and AA?

Thanks.

Mojisola

djh77 wrote: »

He has no money or insurance so the HA and other parties won't get a penny when he dies. I am just unsure how to go about getting him out of his tenancy when he needs to get out of the property to go into other accommodation.

You don't have to do anything.

The council will sort out the residential care.

Someone at the HA is hoping you will pay the debts by making these vague threats but you don't have to.

Torry_Quine

djh77 wrote: »

Thanks for the advice.

He has no money or insurance so the HA and other parties won't get a penny when he dies. I am just unsure how to go about getting him out of his tenancy when he needs to get out of the property to go into other accommodation.

What is PIP and AA?

Thanks.

PIP (Personal independence payment) is the replacement for DLA and is payable for care and or mobility needs under 65 and AA (Attendance Allownace) is for care needs over 65. however if terminally ill then it is given much quicker with the doctor completing a form to say this.

Better_Days

Very sorry to hear about your FIL. It must be horrible trying to cope with it all. Has your FIL made a will?

AA is attendance allowance
https://www.gov.uk/attendance-allowance/overview
PIP is personal independce payments (for those between 16 and 64)
https://www.gov.uk/pip

This link gives some info about the unsecured debts of an estate
https://www.moneyadviceservice.org.uk/en/articles/dealing-with-the-debts-of-someone-who-has-died

In the meantime does the HA have a website that you can browse for information that may help? Do they have a special department for tenants in very difficult circumstances?

Mojisola

Torry_Quine wrote: »

PIP (Personal independence payment) is the replacement for DLA and is payable for care and or mobility needs under 65 and AA (Attendance Allownace) is for care needs over 65. however if terminally ill then it is given much quicker with the doctor completing a form to say this.

Tell the GP that you want to claim under the "special rules" - they will be used to the procedure.