Council house charges after tenant's death

alethius

I'm dealing with a council house clearance after the death of my aunt. It's in a pretty bad way: undecorated since 1980, overgrown garden, etc. Most concerning is that there's a large and derelict static caravan in the garden. Now, the caravan was put up with permission from a previous tenant (also a relative) and presumably the council. When my aunt took over tenancy, it was already there. It's therefore not her property, and doesn't belong to the estate. My question is, will the council try to charge us for its demolition and removal, given that it's not hers? I can't prove ownership unfortunately. Even if I could, it might be the case that the caravan became her liability when she took over tenancy. I ask because the estate is small: enough for a funeral but not much else. 

hazyjo

If there's little money in the estate, funeral expenses take priority (obviously within reason). They can't make anyone else pay, any debt will die with the deceased.

When my FIL died, we included a letter when returning keys to council saying as according to the law, nobody else would be paying for any repairs or would clearance (the council house was in a terrible state).

tacpot12

I think the council might try to charge the estate for its removal. If you want to try avoid this, you could tell the council the name of the relative who is the owner, and let the council decide whether to chase the previous owner (who might be guilty of fly-tipping the caravan if there was no agreement that it could be stored in the garden), or your aunt's estate, but really, if there is any money remaining in the estate to dispose of the caravan it should be used for this purpose, once her funeral has been paid for. It's not clear if you are acting an executor or personal representative here. If you are, you need to get a quote for its removal and see if the estate can afford to pay the bill. If not, then pass the remaining money in the estate to the council as a contribution towards its removal, making clear the estate is insolvent. You are at some danger of becoming personally liable for the removal of the caravan, and other costs, if you settle any of your aunt's other debts or distribute any of her money. You need to look up the concept of intermeddling. Certain acts are not regarded as intermeddling, such as arranging a funeral, and securing goods or moving assets to a place of safety.

kazwookie

Offer it free of charge to who ever can collect via FB, gumtree, local shop card and such like

UnderOffer

kazwookie said:

Offer it free of charge to who ever can collect via FB, gumtree, local shop card and such like

Yes, do this, I’m amazed at how much interest a tatty Caravan gets on FB posts when offered for free, they seem popular. 

facemask

If the council have to spend a lot of money clearing the place of things left behind then it's reasonable they might try to recover some money. Regardless who's caravan it was donkeys years ago, it's on her property now.  However the funeral will be a priority expense and anything left in the estate afterwards will be looked at, if there's anything left. When i cleared my mother's council place out i had to remove my uncles old greenhouse at the council's request or be charged, it didn't matter who's greenhouse it was - it was on her property and they wanted it removed. 

getmore4less

If there is no money get what you need from the property and walk away ASAP. 

Don't ask for time to clear. 

macman

You are 'dealing with the house clearance'. Are you actually the executor? 
If, following the payment for funeral expenses, the estate is insolvent, or near to it, just walk away. The LA's priority will be to clear the property, refurbish it and relet ASAP. Regardless of liability, they can't recover funds that don't exist.
I am wondering why the LA allowed the property to fall into a near derelict state over 40 years? Did they not do inspections, maintenance, serve notice to tidy the garden, etc?
If the estate were solvent, then yes, it would be liable for the removal cost, since it's on her property.

theartfullodger

What would your dear Aunt want you to do?  Would she have been ashamed if debts weren't paid?

hazyjo

macman said:

I am wondering why the LA allowed the property to fall into a near derelict state over 40 years? Did they not do inspections, maintenance, serve notice to tidy the garden, etc?
If the estate were solvent, then yes, it would be liable for the removal cost, since it's on her property.

My OH's dad's didn't (in decades). Was in a terrible state. Damp everywhere, a leak, completely overgrown garden, plants growing through walls/windows, broken shower, etc. He wouldn't let anyone round. We did all attempt to sort it out a few years ago when he was in hospital (he wasn't impressed), but when he died a year ago, we just handed the keys back. I think they did put a new boiler in at some stage, but no inspections as such. Was Newham Council, so I expect they had bigger issues to worry about.

AdrianC

hazyjo said:

macman said:

I am wondering why the LA allowed the property to fall into a near derelict state over 40 years? Did they not do inspections, maintenance, serve notice to tidy the garden, etc?
If the estate were solvent, then yes, it would be liable for the removal cost, since it's on her property.

My OH's dad's didn't (in decades). Was in a terrible state. Damp everywhere, a leak, completely overgrown garden, plants growing through walls/windows, broken shower, etc. He wouldn't let anyone round.

And that's the key. If the occupant won't let them do the work, they can't force it onto them.

People can be awkward sods, and can refuse what anybody else would think is in their best interests...