Does Mum have to pay flat rent AND her care home fees?

Milliethepoodle

My 88 yr old Mum moved into a care home on 25 March the day the COVID lock down started.  We'd given notice on her flat to be out by 30 April (this on the other side of the country).  Its clear that we won't be able to hire a van, take stuff to charity shops/recycling centres etc as they aren't open and it isn't essential travel. So we can't clear and clean Mums flat by the deadline by government COVID rules.  She was living in a rented Independent Living for the elderly flat (paid for by renting out the family home) her care home is more expensive.  She just can't afford both.  Can Abbeyfield still charge us rent beyond the end of April?  The original contract doesn't have any clauses for "acts of God", "COVID lock down" or "government bans on travel".    If these were normal times I think the Independent Living place would absolotely be within their rights to charge us but under the circumstances?  Any advice on how to argue this with them would be wonderful.  Thanks

AdrianC

There hasn't been any legislation passed to change the "normal times" situation. But you may find the landlord understanding and amenable, given the circumstances.

Have you considered a house-clearance company? I presume you've removed any valuables and personal effects?

Bossypants

If you still want/need to go through her things, could you get a removal company to pack it all up and put it in a storage locker? It'll still cost, but much less than the rent I would think.

caprikid1

" She just can't afford both", she has the money "paid for by renting out the family home" she just does not have cash flow at the moment, can you subsidise it till the family home is sold to pay for this ? Short term loan ?

AdrianC

It isn't "the family home". No member of the family lives there. It's an asset of her residential property lettings business.

Robin9

There's no need to "argue" with Abbeyfield - have you talked to them ?
Others have suggested a house clearance/storage but how easy is that to do at these times ?

xylophone

Have you telephoned Abbeyfield to discuss the situation?

GDB2222

Your notice to end the tenancy is still valid, even if you don’t clear everything out of the place. The landlord is entitled to charge for arranging clearance, cleaning, etc. It’s possibly cheaper to arrange that yourself, but why not speak to the landlords? 

They also have to store the stuff for a period of two weeks, if I recall correctly, to allow you to collect it. If you’re not going to collect the stuff, then tell the landlord now.

caprikid1

GDB2222 said:

Your notice to end the tenancy is still valid, even if you don’t clear everything out of the place. The landlord is entitled to charge for arranging clearance, cleaning, etc. It’s possibly cheaper to arrange that yourself, but why not speak to the landlords? 

They also have to store the stuff for a period of two weeks, if I recall correctly, to allow you to collect it. If you’re not going to collect the stuff, then tell the landlord now.

Could the landlord argue that the property is not vacated and still charge full rent ?

Mardle

If she is self-funding in a care home has she/you applied for Attendance Allowance or was she already getting it while she was living in her flat? 

Slithery

caprikid1 said:

Could the landlord argue that the property is not vacated and still charge full double rent ?

FTFY.