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Dealing with a Freeloader at time of Mourning?

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  • KxMx
    KxMx Posts: 11,461 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Even if there are succession rights (unlikely I know) it will be to the tenancy and not property. 
    He will not be allowed to stay in a 2 bedroom as a single person.

    You will have 2 or 4 weeks to clear the property and the rent during that time is something your mum's estate will be liable for. 
  • 74jax
    74jax Posts: 7,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If you don't want to administer your mother's estate, you don't have to.  You can renounce your right and not get involved. Especially if you don't want to tell utility companies or the council. 
    If you do want to administer, you can't pick and choose who you tell. 
    Forty and fabulous, well that's what my cards say....
  • I think the council will know once the death is registered, as you do it with them and it should be done within 5 days of the death. How long it will take to get to the housing department is anybody's guess but I would expect them to be in touch with him eventually.
    When my husband died & his death was registered, I was automatically sent a council tax reduction form to complete.

    So I would imagine that your assumption is correct
  • As someone who has also lost a mum very recently, please accept my condolences.
    You will have already registered the death with your local council (unless she died in a hospital, hospice etc in a different local authority area to one she normally resided ) so the information will filter through regardless. You need to tell him this is a serious legal requirement and you had no option ( I had to do this with my brother who thought nothing had to change and even tried to carry on using her bank account ) 
    You should have been advised to use the Tell Us Once service ( if available in your area ) and that WILL result in ALL govt depts being informed. This includes everything from C/Tax, Housing, Housing Benefits, DWP, Social Services and even TV Licence etc.
    Not to do so IS considered fraud if it results in any financial gain ( say benefits that were in mum's name still being paid ). Even if she didn't claim Housing and Council Tax Benefits, her Tenancy Agreement would stipulate the need to inform them of anybody living there and the Tenancy would end with her death. So no one currently has the right to live there unless tenancy is transferred.
     In our case, the  first dept.  took around 4 wks to get in touch and rest quickly followed. 
    My brother is a freeloader, too ( he moved in several years back in similar circumstances which I couldn't prevent but I made sure it was done legitimately ) BUT as a long term resident who is a disabled pensioner he is vulnerable so can stay but is still having to currently reapply for all benefits relaying to the property such as Council Tax and social care funding relating to disability equipment installed ( for instance ). They are happy to give him time to complete these but any resultant overpayments will have to be returned. 
    As someone who also worked in Housing for the local authority, I can say it's unlikely that your brother will be eligible for the tenancy ( based in what you've said ) and, in my area, they can ask you to clear the house in as little as 1 or 2 wks.
    Again, I'm sorry for your loss, currently being in the midst of sorting this out for my brother while grieving myself means  I know it isn't easy.
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