Can my friend claim this house?

wilfred30

In answer to your thread title question ................. no, she cannot (and neither can you if you are one and the same person)

Section62

Slithery said:

The council will never be the owners of the property, even if all other avenues have been exhausted - it passes to the Crown.

Unless it is a council house and 'someone' has been paying the deceased person's rent for the last 10 or 20 years?

That's unlikely perhaps, but for a property to have stood empty for that length of time with nobody querying the lack of council tax payments etc... it does raise the question of what else might be going on so that the authorities haven't already investigated.

But tealady's suggestion is the easiest approach - contact the council's empty properties team now and let them sort it out.

74jax

If you ask for this to be moved to the deaths and probate board you will get more help.

Meanwhile.

On death if you / other neighbour registered the death, did you apply for letters of administration?

Who informed the banks / hmrc /household bills etc?

Is the property vacant, where did the items go?

Who organised and paid for the funeral? 

norainbows

comeandgo said:

Your message is so confusing.  Is this “friend” really you as your story changes from her to me.

Hi, No it's not me . I'm sorry I did a bad edit of her message to me on my phone. I tried to change her wording of me  and I .... to my friend.  her to me. It would be easier if it was me but I have sent het the link to the post so she can read your comments. Sorry it was a long day yesterday. I should have waited to post when I wasn't so tired. I just didn't want to forget. 

norainbows

Slithery said:

norainbows said:

My friends neighbours house has been empty since feb 2011 when he died.

...or if I could buy if off the council  & therefore make my own house safer by knowing next door wasn’t doing mine any more damage.

So are you and your friend the same person, or do you just live on opposite sides?

There are strict rules for who inherits when someone dies intestate, how much effort has been put into finding the legal heirs?

The council will never be the owners of the property, even if all other avenues have been exhausted - it passes to the Crown.

I suggest that you read...

https://www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

Also this isn't really a housing issue, you will probably get better answers posting this on the probate board...

https://forums.moneysavingexpert.com/categories/deaths-funerals-probate

Thank you for your info. Sorry my message was confusing, I seem to have made a hash of trying to help; a combination of rushing, being on my phone, being tired and not wearing my glasses, sorry.

We live in the same town but I used to be her neighbour on the other side of her and we got on very well, although this was years ago. 

Their are no legal heirs.

I will post in the other board but re-write it to avoid the confusion. Thanks for taking the time to respond. 

norainbows

user1977 said:

norainbows said:

My friends neighbours house has been empty since feb 2011 when he died.

It has been empty for 20 years now

Eh? You don't know whether it's 10 years or 20 years, but in any event why has nobody done anything about it so far? Did your "friend" think somebody else would be dealing with the estate?

She registered the death, and gave the funeral bill to the bank. His mother had owned the house before him. With the help of a friend (of the neighbour who passed), they informed the bank and utilities. The house has been vacant all this time and remains as it was they day the neighbour passed. My friend still holds the keys and attempts to keep the garden and vermin under control. A council person did pop by once but I not recently, checking empty properties. My friend thought she may be able to claim it for a nominal amount as an empty property, going by some research done. This seems not to be the case going by these comments. 

norainbows

andy444 said:

Why has the place been left vacant for ten (or twenty) years?

Also, your friend could claim anything was said whilst he was on his death bed, so unless there was anything in writing, she has no automatic legal claim for the house.

There are no heirs so no one to claim the property. It will probably just decline into a derelict mess and take my friends house with it.  My friend and the deceased neighbours friend informed all the necessary companies of his passing.

norainbows

sevenhills said:

norainbows said:

My friends neighbours house has been empty since feb 2011 when he died.  She was his next of kin as far as the hospital was concerned & she was with him (holding his hand) when he died & but for another 24 hours when I would have got him a solicitor, he died intestate. He thought of her as his stepdaughter, that he would have willed her the house.  She was the one who registered his death & she holds the keys.

It has been empty for 20 years now & is becoming more & more in disrepair & is possibly causing damage to her own house.

I assume there was a funeral, organised by your friend?

Yes my friend and his friend. I didn't know him, it happened before I was her other neighbour. The house was empty and a mess when I was there and that was years ago.

norainbows

wilfred30 said:

In answer to your thread title question ................. no, she cannot (and neither can you if you are one and the same person)

We are not the same person. I didn't live on that road when this happened. I was her neighbour years later. on her other side. Sorry for the confusion. I'm not exactly a bright spark; just trying to help. 

norainbows

Section62 said:

Slithery said:

The council will never be the owners of the property, even if all other avenues have been exhausted - it passes to the Crown.

Unless it is a council house and 'someone' has been paying the deceased person's rent for the last 10 or 20 years?

That's unlikely perhaps, but for a property to have stood empty for that length of time with nobody querying the lack of council tax payments etc... it does raise the question of what else might be going on so that the authorities haven't already investigated.

But tealady's suggestion is the easiest approach - contact the council's empty properties team now and let them sort it out.

The house was owned outright and it was the deceased mans mother's. There was no rent due. There was a council visit once checking out empty propertied but she showed little interest.