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Death of Named Tenant in Council House (Repost)

Guerillatoker
Posts: 625 Forumite
[Please note this is a repost from the Death, Funeral and Probate board as I am not sure which will be most suited to help]
My mum completely unexpectedly passed away last month (though the death was not certified until 11/12 due to postmortem) leaving no will & no assets but also no debt owing to a Debt Relief Order which had expired by the time she passed away. Her only surviving family are her 3 children. As far as I am aware none of us have been officially nominated to be in charge of my mums affairs. I am yet to fully understand if one of us needs to owing to the lack of assets & debts (if anyone wishes to advise that would be great).
EDIT: Funeral has already been paid for in equal measure by me and my brother.
I lived with my mum in a Council house where I currently remain resident in but am pretty sure I cannot succeed (due to previous succession), though I haven't received any notices to vacate yet. I now need to find somewhere to live and as a result I am trying to avoid any unnecessary expenditure and plan to stay in the property as long as legally possible (and financially reasonable) - I estimate 6 weeks if the Council are on the ball. As I am not a tenant, I will not be paying rent until I succeed the tenancy and will not if I do not succeed.
EDIT: Council has been informed and request to succeed tenancy has been submitted.
Though I was not a named tenant I used to pay for the Utility Bills that were in my mums name (except water). As it stands I have stopped all my direct debits for bills at the property. I have notified the water but not anyone else, they set up an account in my name but haven't charged me yet, though it is only an est £24p/m. She has no credit accounts (I have access to her credit reports because I set them up for her), just bills related to the home.
I am wondering what would be the most advisable action on the below bills, considering I am still making use of the property and there are no assets to pay for any bills that accrue:
-Council Tax
-TV License (I have no intention of watching live TV)
-Electric & Gas
-Water
-Rent (I'm pretty confident I have no liabiltiy to pay this until I am a tenant).
-Current Account
EDIT: If I am successful in succeeding the tenancy (which I think is very unlikely) I will have no problem paying accrued bills.
My mum completely unexpectedly passed away last month (though the death was not certified until 11/12 due to postmortem) leaving no will & no assets but also no debt owing to a Debt Relief Order which had expired by the time she passed away. Her only surviving family are her 3 children. As far as I am aware none of us have been officially nominated to be in charge of my mums affairs. I am yet to fully understand if one of us needs to owing to the lack of assets & debts (if anyone wishes to advise that would be great).
EDIT: Funeral has already been paid for in equal measure by me and my brother.
I lived with my mum in a Council house where I currently remain resident in but am pretty sure I cannot succeed (due to previous succession), though I haven't received any notices to vacate yet. I now need to find somewhere to live and as a result I am trying to avoid any unnecessary expenditure and plan to stay in the property as long as legally possible (and financially reasonable) - I estimate 6 weeks if the Council are on the ball. As I am not a tenant, I will not be paying rent until I succeed the tenancy and will not if I do not succeed.
EDIT: Council has been informed and request to succeed tenancy has been submitted.
Though I was not a named tenant I used to pay for the Utility Bills that were in my mums name (except water). As it stands I have stopped all my direct debits for bills at the property. I have notified the water but not anyone else, they set up an account in my name but haven't charged me yet, though it is only an est £24p/m. She has no credit accounts (I have access to her credit reports because I set them up for her), just bills related to the home.
I am wondering what would be the most advisable action on the below bills, considering I am still making use of the property and there are no assets to pay for any bills that accrue:
-Council Tax
-TV License (I have no intention of watching live TV)
-Electric & Gas
-Water
-Rent (I'm pretty confident I have no liabiltiy to pay this until I am a tenant).
-Current Account
EDIT: If I am successful in succeeding the tenancy (which I think is very unlikely) I will have no problem paying accrued bills.
0
Comments
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You're living there so you have to pay for council tax and utilities. Your mother's liability ceased on the date of death. You need to inform the suppliers and get your mother's accounts closed and new accounts in your name.
I would suggest also continuing to pay the rent. The council are likely to be a lot less on the ball about evicting you if the rent is being paid. They may even be willing to grant you a new tenancy, on the basis that if they evict you you will be homeless and need rehousing by them. If you pay the rent they don't have a void period costing them money.
If there are no assets in your mother's estate to pay for funerals, the local council (usually social work dept) are responsible for arranging a public health funeral, although they will try to reclaim the cost from you. There may also be help from DWP for funeral benefits if you are on a low income.A kind word lasts a minute, a skelped erse is sair for a day.0 -
Owain_Moneysaver wrote: »You're living there so you have to pay for council tax and utilities. Your mother's liability ceased on the date of death. You need to inform the suppliers and get your mother's accounts closed and new accounts in your name.
That was my first instinct - but I'm not so sure!
Those liabilities surely now fall to mum's Estate? Whether the Estate has assets or not is irrelevant. Until the Estate is wound up, the Adninistrator is responsible for manaing the Estate, paying the bills etc out of the Estate funds.
As mum died intestate, someone will have to apply to administer the Estate
I would suggest also continuing to pay the rent. The council are likely to be a lot less on the ball about evicting you if the rent is being paid.
Agreed!
They may even be willing to grant you a new tenancy, on the basis that if they evict you you will be homeless and need rehousing by them. If you pay the rent they don't have a void period costing them money.
Agreed!
If there are no assets in your mother's estate to pay for funerals, the local council (usually social work dept) are responsible for arranging a public health funeral, although they will try to reclaim the cost from you. There may also be help from DWP for funeral benefits if you are on a low income.
Thismay help: https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will0 -
Guerillatoker wrote: »[Please note this is a repost from the Death, Funeral and Probate board as I am not sure which will be most suited to help]
My mum completely unexpectedly passed away last month (though the death was not certified until 11/12 due to postmortem) leaving no will & no assets but also no debt owing to a Debt Relief Order which had expired by the time she passed away. Her only surviving family are her 3 children. As far as I am aware none of us have been officially nominated to be in charge of my mums affairs. I am yet to fully understand if one of us needs to owing to the lack of assets & debts (if anyone wishes to advise that would be great).
I lived with my mum in a Council house where I currently remain resident in but am pretty sure I cannot succeed (due to previous succession), though I haven't received any notices to vacate yet. I now need to find somewhere to live and as a result I am trying to avoid any unnecessary expenditure and plan to stay in the property as long as legally possible (and financially reasonable) - I estimate 6 weeks if the Council are on the ball. As I am not a tenant, I will not be paying rent until I succeed the tenancy and will not if I do not succeed.
Though I was not a named tenant I used to pay for the Utility Bills that were in my mums name (except water). As it stands I have stopped all my direct debits for bills at the property. I have notified the water but not anyone else, they set up an account in my name but haven't charged me yet, though it is only an est £24p/m. She has no credit accounts (I have access to her credit reports because I set them up for her), just bills related to the home.
I am wondering what would be the most advisable action on the below bills, considering I am still making use of the property and there are no assets to pay for any bills that accrue:
-Council Tax
-TV License (I have no intention of watching live TV)
-Electric & Gas
-Water
-Rent (I'm pretty confident I have no liabiltiy to pay this until I am a tenant).
-Current Account
You might be able to succeed the tenancy, it depends on how long you've lived with your mum in that property and when the secure tenancy started. Even if you don't have the right to succeed the tenancy the council might choose to grant you a tenancy anyway. You won't know until the council are informed about your mother's death and are aware that you are living there.
If you don't inherit the tenancy and the council won't grant you a new tenancy they still have to end the tenancy correctly and you won't have to move out until then.
https://england.shelter.org.uk/housing_advice/council_housing_association/what_happens_to_a_tenancy_when_the_tenant_dies
I take it your mum died intestate i.e. without a will so nobody has been named as the executor. You could apply to take on that responsibility yourself especially since you have a vested interest in the council property and know the details of her accounts. Really the bank and utility suppliers should be contacted to inform them of your mother's passing. Even if your mum's estate has no assets and no debts someone should wind it up. If it's not you or another family member or friend then it will fall to HM Treasury.
https://www.moneyadviceservice.org.uk/en/articles/sorting-out-the-estate-when-there-isnt-a-will0 -
I can't see where the suggestion the council has an obligation to rehouse the OP comes from, from the information given so far.
If the OP doesn't have children and has no vulnerabilities then all they are likely to do is to signpost.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
I can't see where the suggestion the council has an obligation to rehouse the OP comes from, from the information given so far.
If the OP doesn't have children and has no vulnerabilities then all they are likely to do is to signpost.
Did anyone suggest that the council has an obligation to house the OP? Councils don't just house people with vulnerabilities and children, single people in full time work can be housed by councils too. It varies from council to council and until the OP asks (s)he won't know what the council might offer once they learn of the tenant's passing.0 -
Did anyone suggest that the council has an obligation to house the OP? Councils don't just house people with vulnerabilities and children, single people in full time work can be housed by councils too. It varies from council to council and until the OP asks (s)he won't know what the council might offer once they learn of the tenant's passing.
Yes, in post 2. "They may even be willing to grant you a new tenancy, on the basis that if they evict you you will be homeless and need rehousing by them."
It was the "need rehousing by them" I was querying because it gives a false impression. Single people/couples may get tenancies in some areas but they are likely to have been on a waiting list for a long time and will not be a priority as in urgent need.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
You might be able to succeed the tenancy, it depends on how long you've lived with your mum in that property and when the secure tenancy started. Even if you don't have the right to succeed the tenancy the council might choose to grant you a tenancy anyway. You won't know until the council are informed about your mother's death and are aware that you are living there.
Probably should have noted that the Council's tenancy department are aware of my mum's passing and I have provided certified evidence of my residence since 2014.
Also I have nothing going for me in terms of help from the council: Self-employed, single, no dependants, no vulnerabilities, in a 3 bedroom property.0 -
I'm no expert and may be wrong of course......
Thismay help: https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will
From the date of death the council tax liability would fall on to anyone who was resident in the property in the absence of a surviving, resident, joint tenant. Any council tax due prior to the death would be handled by the estate.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
Yes, in post 2. "They may even be willing to grant you a new tenancy, on the basis that if they evict you you will be homeless and need rehousing by them."
It was the "need rehousing by them" I was querying because it gives a false impression. Single people/couples may get tenancies in some areas but they are likely to have been on a waiting list for a long time and will not be a priority as in urgent need.
Fair enough. My brother did manage to get a flat without being on the waiting list for very long (a couple of months) but then again not many folk are desperate to live in Dundee's Hilltown, so you're right that the OP could be getting a false impression.0 -
Really the bank and utility suppliers should be contacted to inform them of your mother's passing. Even if your mum's estate has no assets and no debts someone should wind it up. If it's not you or another family member or friend then it will fall to HM Treasury.
https://www.moneyadviceservice.org.uk/en/articles/sorting-out-the-estate-when-there-isnt-a-will
No problem informing the bank.
In regards to the utility bills I am just cautious of inviting unnecessary expenditure during a time when I need it. On a moral level I don't feel particularly bad about it falling on the HM Treasury due to my own tax dealings with them (would rather not get into it).
If I did succeed the tenancy I would pay all accrued bills & rent as my situation would no longer be precarious. I am cautious paying any rent until I am liable (I believe estate is currently liable) as I actually think the Council would be happier to kick me out if there is no money in letting me succeed.0
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