Council house charges after tenant's death

facemask

To be honest i probably wouldn't worry too much at this stage. When my mother died her housing bills were all up to date but she did die with debts. We had enough for the funeral but were unable to service her debts from the estate. It took a few attempts of sending death certificates and bank statements but we didn't have any money after the funeral and were not perused by any creditors. I'd imagine even if they did try to recoup costs once you can show the estate is empty you'll probably hear no more about it. But be prepared, you may need to send the same letters & have the same conversations over and over like we did. Eventually they stopped asking. 

robatwork

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 sure you are trying to be helpful and perhaps you're the family member who is looked to for organising things. But "taking charge" may well be a bad idea. Leave it to the executor who has a legal duty to take charge.

hazyjo

facemask 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. 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.

Yep, I think that's partly what he was worried about. Was a big 3 bed house. He'd slipped through the system a bit.

Norman_Castle

The council are allowed to charge the estate but there is likely to be a lot of leeway after a tenants death, just avoid pointlessly delaying returning the property to them or causing further damage.

This thread should be here https://forums.moneysavingexpert.com/categories/deaths-funerals-probate The executors should pay debts in the correct order. If the estate cannot cover any debts they are considered unrecoverable, no one else is responsible for them.

HampshireH

There is no new tenancy on a succession. She would have taken on the tenancy so the council wouldn't have asked for its removal. She took on that responsibility, by way of succession, that was her choice. Not one you can make someone else's responsibility now.

Sounds like you really do need to ensure the executor is sorting this out. Regarding inspections. A lot of HAs don't do routine inspections. They have so many houses it would be impossible to get round them all.

However they would have done an annual service if gas. That said how someone choses to live is still a choice and people can be very set in their ways. 

Probably best not to dwell on who may or may not have done what. At the end of the day she was the tenant and the estate now has the responsibility. The council/HA can only seek funds from the estate that would include caravan remove if required.

Shelldean

When Nan died she was a long time council tenant.
We informed them of her death on the Tues following the death before Wed even got death certificate and they expected the keys back there and then!
We did negotiate a longer time to clear the house although they did tell us that we'd be liable for the rent as housing benefit which paid her rent stopped on date of death.

We cleared the property as much as possible, but did leave a few big items we couldn't physically removed (three piece suite) as neither of us drive and the estate only had enough to pay for her funeral.
So they sent me, as their contact the bill for rent and then the bill for removing the stuff we couldn't. I told them the estate was not broke with no fund left so wouldn't be paying. They tried to tell me that I was liable. Laughed and told them I wasn't.
Tried a few times sending reminders of monies due etc. Was told both in writing and person, the same thing. Estate is skint. They did finally give up.

hazyjo

Shelldean said:

When Nan died she was a long time council tenant.
We informed them of her death on the Tues following the death before Wed even got death certificate and they expected the keys back there and then!
We did negotiate a longer time to clear the house although they did tell us that we'd be liable for the rent as housing benefit which paid her rent stopped on date of death.

That's a good point, and thankfully one which I knew. We held off telling the council until family had been round the house to retrieve any sentimental bits. Wasn't much to take or go through, but obviously also needed clothes for him for funeral too.

They are indeed likely to try it on which is why we included a letter so they knew we were well aware of the law and weren't liable.

Shelldean

hazyjo said:

Shelldean said:

When Nan died she was a long time council tenant.
We informed them of her death on the Tues following the death before Wed even got death certificate and they expected the keys back there and then!
We did negotiate a longer time to clear the house although they did tell us that we'd be liable for the rent as housing benefit which paid her rent stopped on date of death.

That's a good point, and thankfully one which I knew. We held off telling the council until family had been round the house to retrieve any sentimental bits. Wasn't much to take or go through, but obviously also needed clothes for him for funeral too.

They are indeed likely to try it on which is why we included a letter so they knew we were well aware of the law and weren't liable.

Our experience was quite a few years ago, and I was young an naive. 
I thought I was being helpful by keeping them in the loop!
How wrong I was . The lady we told actually put her hand out for the keys. Nan dies Saturday, then Mon was bank holiday, so Tues was th e earliest we could do anything. Plus we was also waiting for the coroners report before we could register the death.
When I said we've not registered the death yet, she suggested we hand the keys back on the Friday!!! This is the house Nan had live in for over 80 years her dad was the first tenant when new! Thankfully she'd reduced a lot of her possessions. But my sister and I who dealt with it lived a hour bus ride away neither drove and both had young children. So out time was limited. 
But the council was just so unsympathetic it was unreal! And the ladies attitude on the first day was just😲😲😲 
Luckily I was aware of the rules regarding who was liable!

macman

I'm intrigued as to how the tenancy passed from one sister to another as a succession? Was your aunt living with her sister, though not on the TA? If not, how did your aunt acquire it, as she wasn't a dependent or offspring of the tenant? Surely the property would simply go back into the housing pool for refurbishment or re-lettiing?

alethius

macman said:

I'm intrigued as to how the tenancy passed from one sister to another as a succession? Was your aunt living with her sister, though not on the TA? If not, how did your aunt acquire it, as she wasn't a dependent or offspring of the tenant? Surely the property would simply go back into the housing pool for refurbishment or re-lettiing?

She was living here also, though I don't know if she was on the agreement. I assume so. It's been inhabited by my family since it was built in the 1920s, with at least two successions.