Council claiming rent after bereavement!

james11##

Hello all, Sadly my mother passed away recently. The council have said they need 4 weeks notice to end the tenancy and during those 4 weeks the rent is still payable from her estate. The question I have is how is this possible, as I understand it when a person passes away any debt at that point is payable from their estate. If she has died it's not a debt, it's a bill they are creating after she has passed? I really don't want to have to give them £440 from her estate, I have enough things to pay for as it is!

user1977

Sorry for your loss

Her estate is still the tenant, so until the tenancy ends the rent will need to be paid, assuming the estate has enough funds to meet all the liabilities (similar to any other household bills for electricity etc).

loubel

I'm sorry for your loss. A tenancy does not end on the death of the tenant so the Estate has to keep paying the rent until the Notice period has ended. This will also give you time to sort out her belongings.

james11##

Thankyou for your reply. I find this simply staggering to be honest!
I read another thread saying this was not the case, I wonder how this stands up in law?

user1977

james11## said:

Thankyou for your reply. I find this simply staggering to be honest!
I read another thread saying this was not the case, I wonder how this stands up in law?

Can you point us towards the other thread? Either it's giving out incorrect advice or you've misunderstood.

comeandgo

When my mother was alive she was on benefits that paid her rent, after she died she was not on benefits so the council wanted full rent for the four weeks.  They were legally in the right so we just paid it.  It gave us the time to dispose of all her belongings.

james11##

Thanks to everyone, It looks like I will have to pay it then!

theoretica

Have you cleared the property and handed the key back?  If you have, then you might have a case for asking for goodwill. 

Alderbank

james11## said:

Thankyou for your reply. I find this simply staggering to be honest!
I read another thread saying this was not the case, I wonder how this stands up in law?

You seem to be assuming that every death is an elderly person living alone.

In most cases the deceased tenant leaves a partner, and possibly children as well, who want to continue to live in the property.

Automatic termination of the tenancy would be very unfair.

propertyrental

The tenancy has not ended so rent (and electricity, gas etc) is due. In law.

The Estate is liable. . If the Estate has no funds, then the debt will die - relatives etc do not become personally liable.

If you are the Executer or appointed Administrator of the Estate, then serve the required notice asap to end the tenancy, and pay the bills (including rent) out of your mother's Estate.

There's lots of government advice online eg

https://www.gov.uk/when-someone-dies

https://www.gov.uk/probate-estate?step-by-step-nav=4f1fe77d-f43b-4581-baf9-e2600e2a2b7a

Silvertabby

user1977 said:

james11## said:

Thankyou for your reply. I find this simply staggering to be honest!
I read another thread saying this was not the case, I wonder how this stands up in law?

Can you point us towards the other thread? Either it's giving out incorrect advice or you've misunderstood.

If it's the post I think it is, the person died insolvent so there was no money in the estate to pay this or any other bills.

That was certainly the case when my sister died.  The housing association sent me an eye-watering bill for clearing her flat (sadly, she had been a hoarder....) and for the remaining rent, but I just wrote to advise them that she had died insolvent.  Didn't have any further hassle from them.  

However, if she had left any money (in excess of funeral expenses) then I would have had to use that towards her outstanding bills.