Council charging for clearing dead brother council falt

Shelldean

Yes we had this with Nan's house when she passed.
We did manage to clear most things, but couldn't remove a few. Neither of us drive and neither of us had any money to pay someone to do it.

So a three piece suite, an almost brand new cooker, a small table and a wardrobe from memory.

The council sent me a letter asking for payment. Along with photos of all the items. Funny enough no photo of the cooker, but one the yellow pages we'd.left on the stairs for next tenants. ( this was all before Face book)
However after Nana funeral there was no money left! Thankfully I was aware this was a debt of the estate not mine. And told them that there was no money left. 

They tried a couple of times, to get me to pay, but I just repeated the estate has no money left to pay the debt.
And they eventually gave up.

T.T.D

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

Policy isn’t Law. 

MalMonroe

I'm so sorry for your loss. When someone dies one of the worst things is having to clear out the place where they lived. It's so difficult when you are grieving.

I do think that councils could be a bit more caring. Where I live they give tenants two weeks to move out and that applies even when someone has died. But as most people here are saying, any costs for clearing the property should come from the estate and if there is nothing in the estate then the council will have to get on and do it. What if your brother had had no relatives? Who would they have contacted then? It's totally heartless. 

Don't sign anything that would make you liable for any payment. If you just keep telling them there is nothing left, as Shelldean did with her Nan (above), they will eventually get the message and leave you alone. 

tooldle

Hi OP, you mention there is no money in the estate. Is there anything that might be of value amongst the possessions in the flat? Some house clearance companies will clear a place for free, provided there is enough value in the possessions for the company to turn a profit.
If the council are to take on the responsibility I am off the understanding no possessions should be removed from the flat, allowing the council to monetise the possessions (if they can) contributing towards the costs of the tax payer. I believe this includes a search for paperwork just in case there are any previously undeclared savings, pensions, insurance policies etc.

74jax

tooldle said:

Hi OP, you mention there is no money in the estate. Is there anything that might be of value amongst the possessions in the flat? Some house clearance companies will clear a place for free, provided there is enough value in the possessions for the company to turn a profit.
If the council are to take on the responsibility I am off the understanding no possessions should be removed from the flat, allowing the council to monetise the possessions (if they can) contributing towards the costs of the tax payer. I believe this includes a search for paperwork just in case there are any previously undeclared savings, pensions, insurance policies etc.

If there was, anything of value would go towards paying for the funeral first don't forget.

This debt comes before the flat clearance, so still no need for the op to even consider getting involved. 

sevenhills

Shelldean said:

Yes we had this with Nan's house when she passed.
We did manage to clear most things, but couldn't remove a few. Neither of us drive and neither of us had any money to pay someone to do it.

So a three piece suite, an almost brand new cooker, a small table and a wardrobe from memory.

It's much better if the relatives do it and sell the good items. Perhaps the council deal with charities that made use of the items.

Corbie3224

No nothing of worth I'm afraid.

Not sure about pensions - he hadn't worked for years.  I was also under the impression that pensions do not form part of the estate.

KxMx

They are within their rights to charge.
They may want the next of kin to pay but it won't be legally enforcable without you signing. 
If there is no money in the estate then they'll have to settle for payment of £0.00.

tooldle

Corbie3224 said:

No nothing of worth I'm afraid.

Not sure about pensions - he hadn't worked for years.  I was also under the impression that pensions do not form part of the estate.

Some schemes will make a payment on death, although it could be quite unusual these days. I have a sibling living similarly in council accommodation. He has made no provision for the inevitable and hence, i’ve looked at what happens (or can happen depending on your LA in these scenarios. 

Brie

Corbie3224 said:

No nothing of worth I'm afraid.

Not sure about pensions - he hadn't worked for years.  I was also under the impression that pensions do not form part of the estate.

I would suggest you should visit the flat asap and remove any relevant paperwork as well as mementos (photos, letters, etc) and then let the council deal with the rest.  Should you find something in the paperwork about a pot of gold somewhere you can always offer that to the council as the estate would then be considered to have some value in it.  But only after you're paid back for the funeral.  

Sorry for your loss.  These events are always a bit of a shock and a lot more work and worry then any of us expect, even if we're well prepared.