End of tenancy, next of kin responsible?

squirehorse

Any advice would be greatly appreciated!
I lost my disabled mum in May and straight after my dad, who has severe dementia moved in with me, my husband and 2 young children.
I was the Carer of both for many years but dad was affecting the kids quality of life and my dad nearly burnt my house down when we were asleep so I had the make the hard decision to place my dad in residential care. I have no other family.
My dad had a local housing sheltered bungalow in which he tenancy will end August 8th 2016, they got housing and council tax benefit.
I've been told that I am responsible buy the local authority for everything to bring the house up to "end of tenancy" standard including ripping out all the carpets, replacing doors that have slight damage and cleaning the place from top to bottom plus possible redecorating. I am making myself ill with worry as I don't have the time or resources to do this and don't have any money to pay anyone to do it.
I have been told by a friend it's not my responsibility and that I wasn't the tenant they have no right to burden me with all this.
Is this correct? Or as the next of kin am I repsponible?
Any advice would be great.

karenccs67

My nan recently moved out of her council house to live with my mum. We sorted and cleared what we could, the council were very good, they have a department who empty houses of furniture etc and dispose of it. We were expecting a charge for the work but didn't incurr one. The redecoration etc was done by the council too, it's what they do before housing a new family. She was a Tennant of Harringey council and they were very helpful, perhaps each council/association have their own guidelines. I would question your responsibility.

theartfullodger

Who is named as tenant on dad's tenancy?? Are you named as guarantor??

It is highly unlikely you would be liable unless you've signed something saying you are.

bitsandpieces

Sorry about your mum's death and dad's illness. If your dad is the sole tenant, I would guess that the work is technically his responsibility (though it sounds like he's in no state to do it, and I don't know if he is in a position to pay for it).

Can you contact Shelter (a freephone number/e-mail) or speak to your local CAB to get advice?

Keep_pedalling

You are not responsible, but not clearing it is likely to result in a bill for your father. If he has absolutely no assets then the the LA will have to write that off, but if he has savings then it will need paying.

Does he have a lasting power of attorney in place?

Guest101

You can only be liable by virtue of contract, not law. So unless you've signed something, - no you are not liable.

squirehorse

theartfullodger wrote: »

Who is named as tenant on dad's tenancy?? Are you named as guarantor??

It is highly unlikely you would be liable unless you've signed something saying you are.

I am not on the tenancy or a guarantor, but I do hold power of attorney

missbiggles1

squirehorse wrote: »

I am not on the tenancy or a guarantor, but I do hold power of attorney

So are they saying you're responsible for paying this out of your father's money?

AdrianC

Your father is liable. You are not personally liable.

As you have PoA, you can pay for him, from his funds if he has any, and that's the basis that the council will be raising this with you.

If he doesn't pay now, the council will still be a creditor of his estate when he dies, so his executor will need to be paid before any remaining assets can be distributed to his beneficiaries. The council could take him (or his executor) to court to enforce the debt.

booksurr

squirehorse wrote: »

I am not on the tenancy or a guarantor, but I do hold power of attorney

In the context of your question you are not his next of kin, you are his appointed attorney. You are therefore effectively "him" in all respects to do with his tenancy with the council, you are not his daughter.

your father remains a council tenant and will be until he brings the tenancy to an end. At that point in time he will be responsible for whatever end of tenancy procedures apply for your council. I suggest you look them up on your council website.

The items you have mentioned so far are pretty standard requirements which any tenant must do when leaving a council house. If the council has to clear the property because your father (ie you as attorney) failed to do so, then the council cannot make you (as your father's daughter) pay for his liability. What their procedures are for chasing a debt against his estate in the future depends on whatever their rules are, no one on can say what will happen in that case as we don't know which council it is, how much discretion they may exercise in respect of deceased tenants long gone, or whether that sort of info is publicly available.

For example here are Birmingham's: What do I have to do before I leave my property? All furniture, furnishing, carpets, clothing and rubbish both inside and outside of the property must be removed before the end of the tenancy, unless it was at the property when you moved in. If any items are left, you will be charged for their removal.

http://www.birmingham.gov.uk/endingyourtenancy

bris

As you have POA you will have to either take on the role and clear everything or use his funds to pay the council when it's done. You are not personally liable but you are the one they will chase to pay on his behalf.


Is there no one else to help, family, like cousin etc or friends.


The other way is getting a house clearer in for free if there is anything they can consider sellable, you can find them on Gumtree or freecycle