Tenant rights when local authority wants to take a charge for owner's care home fees

AdrianC

The council have no different rights to the ones your landlord would have. They cannot evict you within the fixed period of your tenancy, and they cannot evict you without serving you the same notice as your landlord would have to.

When your landlord passes away, the property is not the council's. They have a charge on the property, which means that when the place is sold, the council get £x from it. The property isn't theirs, and your tenancy remains between you and the landlord's estate, via their executor.

If you sign the paperwork, then you are effectively changing your landlord from being the current landlord - and anybody who has power of attorney over their affairs - and eventually their executor to be the council.

Don't sign. Unless and until you do, you have no contractual obligations to the council at all.

Mallotum_X

Just to add, don't sign anything else with the council. If you get into any correspondence over this send printed letters only without a signature.

silvercar

Just to add that the council having a charge on a property does not give them the right to repossess or sell it. If they went to court, they would have to persuade the judge that the owner (in this case the executor of the estate of the deceased) should be ordered by the court to sell the property. having a charge on a property doesn't give a right to repossess.

AJ1982

Thats definitely one for the cylindrical filing device, normally located on the floor under a desk.

Your contract remains with the LL, any charge on the property should be dealt with by them.

Regardless if the LL situation, you continue to be tenants until such time an S21 is served after an AST period has expired.

jm2926

Personally I would just bin the letter.

teddysmum

It's a story worth going to the local press about.


It will inform others, in your position, who would be bullied into complying and you may get 'legals' offering to take your side, free of charge, should the council become more pushy.

keithgbucks

My thanks again to everyone who provided their very useful input. I shared the letter with the letting agent who went back to the (first time) landlords who were somewhat taken aback to see what the Council had written.


I have now had a contrite apology in writing from the Council expressing regret that they had written such a distressing letter to me (I paraphrase but it was a very full apology).


I now view the matter as closed.