Council house charges after tenant's death

strawb_shortcake

When we've lived in council/HA properties there was no yearly inspections, routine maintenance was limited mainly limited to boiler checks.
There was a good home standard or something similar about 12 years ago?? which saw lots of councils sell off to HA's as they couldn't afford the work. In our area there were lots of work done to replace windows, doors, kitchens and bathrooms, along with a timetable of when these things needed to be replaced going forward. We've bought ours in the last 5 years so not sure how well they work now, but it's very hit and miss in general.

alethius

I'm not the executor - just a close family member taking charge - so I'm not responsible regardless. I just want to be sure whose responsibility it is. 

I'm not sure why my aunt should inherit the liability when the previous tenant, who is also dead, bought and installed it, nor why the council didn't ask for its removal from the previous tenant's estate before my aunt succeeded her. If I were privately renting and the landlord charged me for a previous tenant's damage when I left it would be outrageous.

If there's any money left, I'll ask the executor to call the council.

alethius

davidmcn said:

theartfullodger said:

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

Doesn't sound like she gave a !!!!!! about anything else to do with the property.

No, she was too busy trying not to be a burden for us with her osteoporosis and dementia. But thanks for your judgement.

facemask

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. 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.

Most of that would likely have constituted tenancy breaches in some form or other.

facemask

AdrianC said:

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...

Not even with a court order?

facemask

alethius said:

I'm not the executor - just a close family member taking charge - so I'm not responsible regardless. I just want to be sure whose responsibility it is. 

I'm not sure why my aunt should inherit the liability when the previous tenant, who is also dead, bought and installed it, nor why the council didn't ask for its removal from the previous tenant's estate before my aunt succeeded her. If I were privately renting and the landlord charged me for a previous tenant's damage when I left it would be outrageous.

If there's any money left, I'll ask the executor to call the council.

I doubt very much in law you could argue that the previous tenant should be responsible for something you've willingly kept on your property for donkeys years & could have got rid of yourself. When you inherit the property you inherit whats in it.

alethius

facemask said:

alethius said:

I'm not the executor - just a close family member taking charge - so I'm not responsible regardless. I just want to be sure whose responsibility it is. 

I'm not sure why my aunt should inherit the liability when the previous tenant, who is also dead, bought and installed it, nor why the council didn't ask for its removal from the previous tenant's estate before my aunt succeeded her. If I were privately renting and the landlord charged me for a previous tenant's damage when I left it would be outrageous.

If there's any money left, I'll ask the executor to call the council.

I doubt very much in law you could argue that the previous tenant should be responsible for something you've willingly kept on your property for donkeys years & could have got rid of yourself. When you inherit the property you inherit whats in it.

Yes, I can see that. Thanks. It's true that she could have had it removed herself.

getmore4less

alethius said:

I'm not the executor - just a close family member taking charge - so I'm not responsible regardless. I just want to be sure whose responsibility it is. 

If there's any money left, I'll ask the executor to call the council.

Be careful not to create a liability outside the estate that the estate cannot cover.

eg. organising a funeral or asking the council to delay taking back possession.

theoretica

alethius said:

I'm not sure why my aunt should inherit the liability when the previous tenant, who is also dead, bought and installed it, nor why the council didn't ask for its removal from the previous tenant's estate before my aunt succeeded her. If I were privately renting and the landlord charged me for a previous tenant's damage when I left it would be outrageous.

You say the previous tenant was also a relative, so did the tenancy pass between them with the house cleared out of all furnishings and personal possessions etc?

alethius

theoretica said:

alethius said:

I'm not sure why my aunt should inherit the liability when the previous tenant, who is also dead, bought and installed it, nor why the council didn't ask for its removal from the previous tenant's estate before my aunt succeeded her. If I were privately renting and the landlord charged me for a previous tenant's damage when I left it would be outrageous.

You say the previous tenant was also a relative, so did the tenancy pass between them with the house cleared out of all furnishings and personal possessions etc?

The previous tenant was my aunt's sister, and nothing was removed or changed when she took over.