After death of a council tenant, who's liable for the rent?

mariat

Thank you to all who replied. Okay, so in that case I am not liable and as we converted my fathers account to a joint with myself to enable me to pay rent, bills etc. on his behalf, the balance has now reverted to me and there are no assets in his estate.
Yes, I understand that councils are cash strapped and need the property back, but I'm pretty sure it will be sold off. It's in a very nice part of SW London where the surrounding houses are worth over £1 million. Such a shame he didn't buy when he had the chance. My mum could succeed the tenancy, but she is now in a care home with dementia. They were the first to live there and were there for over 40 years, and I hate the thought of giving it back.

G_M

1) rent is still owed until the tenancy is properly ended

2) since the tenant is deceased, his Estate is now liable

3) HB ceases at date of death (so full rent must be paid)

4) relatives have no liability unless they are managing the Estate (as executers or Administrators) and then they are liable to pay out of the Estate (not their own finances)

5) if the Estate has no funds to pay, then the debt ends

So

a) who is named in the will as Executer?
b) if no will, who is Adminstrator
c) what assets does the Estate have in total?
d) what action has been taken (by a or b above) to end the tenancy formally? ie WRITE to landlord to end tenancy

Have you read:

https://www.gov.uk/wills-probate-inheritance/overview

silvercar

mariat wrote: »

Thank you to all who replied. Okay, so in that case I am not liable and as we converted my fathers account to a joint with myself to enable me to pay rent, bills etc. on his behalf, the balance has now reverted to me and there are no assets in his estate.

I don't think it is that simple.

If it was, anyone with a terminally ill relative would be changing accounts to joint names to stop creditors being paid.

Lemonsqueezer78

If my understanding is correct - Joint accounts would be included in IHT calculations (based on a calculation of what proportion the deceased contributed to the current balance) - but the money in a join account is usually able to bypass probate and passes to the other account holder.

System

As in this case, probably, then the whole of the joint account can be considered for IHT

See http://www.accountingweb.co.uk/blog-post/inheritance-tax-joint-bank-accounts

Lioness_Twinkletoes

mariat wrote: »

They were the first to live there and were there for over 40 years, and I hate the thought of giving it back.

And now it is time for another needy family to enjoy the relative security of a council home. That's the point of social housing.

silvercar

!!!!!! wrote: »

As in this case, probably, then the whole of the joint account can be considered for IHT

See http://www.accountingweb.co.uk/blog-post/inheritance-tax-joint-bank-accounts

So it is deemed to be a gift that takes place on death. My reading of the above is that gifts wait behind debts in the queue, so should be used for outstanding liabilities.

mariat

silvercar wrote: »

I don't think it is that simple.

If it was, anyone with a terminally ill relative would be changing accounts to joint names to stop creditors being paid.

It had nothing to do with trying to stop creditors being paid. Apart from this rent business, he owed nothing to anyone.

mariat

Lioness_Twinkletoes wrote: »

And now it is time for another needy family to enjoy the relative security of a council home. That's the point of social housing.

Yes it is, but that doesn't stop the sadness at knowing what's been the family home for so long will no longer be such.

Lioness_Twinkletoes

mariat wrote: »

Yes it is, but that doesn't stop the sadness at knowing what's been the family home for so long will no longer be such.

It will be for another family. You have to grow up and let go. I had to when my parents sold the family home - as was their right. It's only bricks and mortar. Memories are in the heart.