Council charging for clearing dead brother council falt

Corbie3224

My brother has just passed away and the council say that we need to clear his council flat.

We are not of good health and can't afford to pay anybody to do it.

Can the council charge us for this. We haven't signed anything so far, including the termination  notice that would appear to make us liable.

There is no money in his estate

74jax

If there is no money in the estate then no you do not need to do anything.
Did he leave a will? Are the council paying for the funeral? 
I would simply state the estate is insolvent and you are not administrator. 

Keep_pedalling

They can charge the estate, but not the relatives of the deceased. You response should be that as his estate is insolvent you will not be administering it. Do not sign anything from the council.

Corbie3224

There is no will and nothing in his estate.

They have sent me a termination notice that tries to get me to sign to agree to clean up costs.  I challenged that with the housing office who said that next of kin need to pay.  I said that doesn't sound right, how could that be, and she got a bit flappy then.

I said I'm not the executer, there is no power of attorney or anything like that.  We are paying for the funeral. But we haven't signed or agreed to anything else.

In fact I think its a bit despicable, it seems they are praying on people when they are at their weakest

GeordieGeorge

Sorry for your loss.

As above, you are under no obligation to do this yourself or to pay to have it done.

sassyblue

Corbie3224 said:

There is no will and nothing in his estate.

They have sent me a termination notice that tries to get me to sign to agree to clean up costs.  I challenged that with the housing office who said that next of kin need to pay.  I said that doesn't sound right, how could that be, and she got a bit flappy then.

I said I'm not the executer, there is no power of attorney or anything like that.  We are paying for the funeral. But we haven't signed or agreed to anything else.

In fact I think its a bit despicable, it seems they are praying on people when they are at their weakest

The council smell money. You are right to question this and not sign anything. 

74jax

Corbie3224 said:

There is no will and nothing in his estate.

They have sent me a termination notice that tries to get me to sign to agree to clean up costs.  I challenged that with the housing office who said that next of kin need to pay.  I said that doesn't sound right, how could that be, and she got a bit flappy then.

I said I'm not the executer, there is no power of attorney or anything like that.  We are paying for the funeral. But we haven't signed or agreed to anything else.

In fact I think its a bit despicable, it seems they are praying on people when they are at their weakest

In which case absolutely not should you be chased for this

A funeral is paid for 1st from anything if value in the estate. If there was nothing the council pays for a public health service. The fact you picked up the funeral costs AND they are charging this is apawling.

Simple write or email stating the estate is insolvent. Not to contact you any more or you will class it as harassment. 

HampshireH

Don't sign it.

Just send a simple letter and copy of death cert us the keys. 

"Dear Council

I write to inform you of Mr XXX passing. I have enclosed a copy of the death certificate and the keys.

Please contact the executor of the estate with any further correspondence. I wish to have no further involvement.

Yours sincerely

A Relative"

They can charge the estate the notice period in rent and also any clearance and repair works.

They cannot legally charge you or anybody else.

Don't put your address or contact details on the letter.

If they aren't happy then they can serve a notice to quit instead. But you won't need to worry about that.

barbarawright

It's standard to charge (it's not free to clear a house - the council won't be making any money out of this). You might want to look on the relevant council website. Not sure how the charges are enforced though

Here is one policy

https://www.islington.gov.uk/housing/council-tenant-services/your-tenancy/death-of-tenant

HampshireH

barbarawright said:

It's standard to charge (it's not free to clear a house - the council won't be making any money out of this). You might want to look on the relevant council website. Not sure how the charges are enforced though

Here is one policy

https://www.islington.gov.uk/housing/council-tenant-services/your-tenancy/death-of-tenant

But not the OP. It's standard to charge the estate.

74jax

barbarawright said:

It's standard to charge (it's not free to clear a house - the council won't be making any money out of this). You might want to look on the relevant council website. Not sure how the charges are enforced though

Here is one policy

https://www.islington.gov.uk/housing/council-tenant-services/your-tenancy/death-of-tenant

The estate is insolvent, there is no estate to charge.

 Your link proves nothing and is useless really. It could confuse some.