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Council house charges after tenant's death

alethius
Posts: 12 Forumite

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.
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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).2024 wins: *must start comping again!*5 -
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.The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.5
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kazwookie said:Offer it free of charge to who ever can collect via FB, gumtree, local shop card and such like2
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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.1
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If there is no money get what you need from the property and walk away ASAP.
Don't ask for time to clear.4 -
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.
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What would your dear Aunt want you to do? Would she have been ashamed if debts weren't paid?1
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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.2024 wins: *must start comping again!*0 -
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.
People can be awkward sods, and can refuse what anybody else would think is in their best interests...3
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