End of tenancy, next of kin responsible?

TBagpuss

As others have said, your *dad* is responsible, as he is the tenant.

As his attorney you can use his resources to pay his debts, so if he has any savings that money can be used to pay for the work to be done.

If he doesn't, then you are not responsible. In those circumstances I'd suggest that you collect any personal items from the house, then return the keys to the council and let them know that your dad is ill, that as his attorney you can confirm that he has no assets, but that you are surrendering the tenancy on his behalf.

They can seek to recover the cost from him, or from his estate when he dies, but if he has nothing then they cannot pursue you personally.

They may try to put pressure on you as his daughter but you are only legally liable for debts where you have signed a contract or where you have agreed to act as guarantor. You may need to provide them with details of your dad's financial position so that they can see that he cannot pay. It might be possible for them to seek payment via a small, regular deduction from his benefits.

Would it be possible for you and your family to do some of the work? If you were able to clear and clean the property, even if you can't remove carpets or redecorate then it might help.

AnnieO1234

If you are a court appointed Power of Attorney and failed to mitigate a loss to your father (ie leaving the property in such a state that the council would seek to levy charges against your father) then you can be held personally responsible as you failed to appropriately protect the person over whom you hold POA. Xx

G_M

You may or may not be liable.

If you mum was a named tenant, then the Executer of her will takes over her liability - was she a named tenant and who was the Executer?

If your dad lacks mental capacity, then the appointed Deputy takes responsibility for their liabilities. Does dad lack mental capacity? are you his Deputy?

If dad is still liable for his own affairs, then clearly he must manage the end of tenancy himself. If he has difficulty with this, either practically or financially, then presumably as his son/daughter, you would wish to help him, rather than see him struggle.

If you have POA, then you have the right to use his money to pay for what needs doing, provided it is in his best interests (ie to avoid him being sued for damage to the property, or for rent arrears etc.

But simply by virtue of being next of kin, no - that does not make you liable.

xylophone

Does dad lack mental capacity?

dad, who has severe dementia ....my dad nearly burnt my house down when we were asleep

It would seem so.

Assuming that the OP's father has some cash, as PoA she can use this to pay a house cleaner/clearer/decorator/joiner.