Council house charge after death

Bignortherngent

I have just received a bill from the council in which my late mother and father were tenants, for £9k

They had been in the property for 55 years. Dad died last May and Mum in December. Dad was latterly blind and had cancer, Mum had dementia and carers.

The vast majority of this charge is for clearing the garden, which was actually needing pruned back. There was a concrete garage, which needed a new roof but was structurally sound. There were lovely, mature shrubs which were quite beautiful

When everything had been paid for, including two funerals, care costs, house clearance etc there was less than £3k, which my parents wanted split between our children. 

Has the council got any claim on me? I was not involved in the tenancy and had not lived there for over 40 years. Can they claim on the £3k, given almost 6 months has elapsed? Appreciate any past experiences or knowledge on this. They are claiming £900 as an 'admin fee'...

Thank you for any thoughts! 

maisie_cat

If the estate is £3k then they have a claim on it. But they cannot force you to pay more than is in the estate. 

Grumpelstiltskin

You would be better posting on this section.

Deaths, funerals & probate — MoneySavingExpert Forum

elsien

It is usual to allow some time to identify possible debts before distributing the estate. The DWP for example can be very slow in letting people know there’s been an overpayment.
Presuming that you were the executor and it’s your responsibility to make sure those debts are paid, within the bounds of what remains so they couldn’t chase you for any more than the 3K.
 As the starting point now, I would request a full breakdown of how they arrived at the total and possibly involve the local councillor If you feel the charges are unfair. Do you know what the tenancy said about maintenance because I wouldn’t expect for a tenants to be paying for a new roof on the garage?

Bignortherngent

In the last year of his life, my father asked the council about the garage and was told that any subsequent tenancy would take on the garage. After he passed, I also spoke with the council and was told there was no problem. But now they are saying this was a sizeable chunk of the cost of the clearance. 

Realistically, an overgrown pyracantha hedge needed a trim back, the garage roof needed mended and wood facing needed replaced. Instead they have cleared the site and instead of a lovely mature garden have left a bog for the new tenants.

elsien

Do they records calls? You could make a subject access request? I think I would still ask for a full breakdown and make sure all communication from here on in is writing/via email. Then a formal complaint if you believe the charge is excessive. 

Bignortherngent

Thank you these are all very helpful. I am hoping that common sense prevails. The neighbour of their old property was horrified to see how a lovely garden was torn apart. The cost of repairing or replacing the roof would have been much less than taking the garage down, while the lawns and mature flower beds would have been lovely for a new tenant

Bignortherngent

And besides an exorbitant fee, a 10% admin charge seems seriously excessive...

molerat

One person's idea of a neatly trimmed mature garden is another's nightmare jungle.  By repairing the garage, which was not installed by the council, would show some form of responsibility for its further maintenance.  Removing it was likely the most viable / sensible option and the cost of that passed on to the responsible party in this case being the estate.

Before my daughter took on a tenancy the council ripped out all the glass panelled doors and laminate flooring that the previous tenant had fitted as they were not standard.  She did agree to take on a tree, big mistake, cost her the best part of £1K to have it removed 12 years later.

km1500

not sure I quite understand - if it was a tenancy then why are the tenants liable for repairs to the roof surely the council as landlords are responsible ?

elsien

I’m presuming from the later replies it’s because the tenant put the garage up so maintenance of it is their responsibility.