Joint Council Tenancy, One moved years ago but still on there and the remainer has just passed away

Billco_2

Hey folks, looking for some advice as I can't get hold of the council until monday and I need to move a bit quickly on this for my own convenience.

Mate of mine has just passed away, leaving me as the executor to wrap things up for him. He was an elderly dartford council resident so didnt have to pay any rent.

At first I thought right I've got to clear the place out otherwise the council will charge his estate for clerance services, but the thought has only just occured to me. His ex girlfriend is still on the tenancy. We asked to have her removed but got told only she is able to do that and she moved out and went missing a couple years ago at this point.

So where do I stand? Should I still clear the place? Can I just walk away and let the council try to chase her down to foot the bill? I wanted to get in there tomorrow and get the majority of the work done because I'm back to work on monday but now I'm a bit stuck on if I should proceed or not!

Cheers,

GDB2222

Is there much money in the estate?  Is there anything of value in the flat?  And, who are the beneficiaries?

If there’s no money or valuables, one option would be to take any photos and other personal items from the flat, and then leave the council to sort it out. 

I suppose that the ex girlfriend might be entitled to return to the flat, so that could be a problem. Unless the stuff in the flat belongs to her, I don’t see why you shouldn’t clear it. On the other hand, if the council will do it and there’s nothing in the estate for them to claim against, you’re saving yourself a lot of work.

Billco_2

Everything in the flat is knackered and smoke damaged to be honest. No gold or jewels or electronics. There's no next of kin or family to pass the one photo he owned onto.

Once everyone is paid and all accounts are cleared there will be about 4000 left in his bank account, which is due to me as per his will, mostly as a thankyou for looking after him these last 5 years or so.

I guess what I am concerned about is that, the council get Honest Joe's Clerances in, who charge 2 grand for 2 blokes on minimum wage and then come after his estate, i.e me for the bill

When ultimately I can clear it out in half a day and 2 trips down the local tip.

GDB2222

I'd clear it then so you aren’t charged. 

And tell the council that they can have the flat back, but point out the position of the girlfriend. I guess it was a joint tenancy, in which case it may well continue in her name and she’s now liable for the rent.  Bit of a mess for the council if she can’t be traced. They’d have been better to sort it out when you approached them. 

Billco_2

Although if she decided to come back out the woodwork, could she then demand I replace the cooker/fridge freezer/bed etc that I threw away?

Your dead right though its a mess and I really wish the council had sorted it when we gave them the chance.

GDB2222

Billco_2 said:

Although if she decided to come back out the woodwork, could she then demand I replace the cooker/fridge freezer/bed etc that I threw away?

Your dead right though its a mess and I really wish the council had sorted it when we gave them the chance.

Does she own the cooker, etc? 

Billco_2

Complicated to answer that one. When they took the tenancy the place was completely empty, as council properties tend to be.

I think the fridge was given to them by her daughter. Not sure where the cooker came from. He probably bought the tv from tesco. I mean there's no way for me to really know for sure, can only go with guesswork and what I remember him mentioning over the years.

She had a microwave but it blew up after she left and I bought him a new one. But far as she's concerned, there was a microwave when she left so there should be a microwave now right?

Chances of her showing up are slim to none but if the council track her down and start demanding back dated rent and such, she won't have a choice I don't imagine and will be looking to recoup her losses as much as possible.

GDB2222

The worst case is that she is entitled to some pretty ancient appliances. So, any compensation would be the second hand value, which is pretty tiny. 

If you know for sure that her one broke, then she’s only entitled to the value of the broken one, ie £0.

if she turns up and makes a fuss, you can make her a modest offer, if she really looks like she would go to court. 

When we emptied MIL's bungalow, she had some nice furniture, but it all stank of cigarettes. We tried to get charity shops to take the stuff away for nothing, but they refused. In the end my son and I broke all this perfectly respectable looking furniture up and loaded it into a van to take to the dump. 

theoretica

No harm, and maybe some protection in taking and keeping some photos showing that this is worthless stuff you couldn't even give to charity.

Billco_2

Think we are all on the same page here. Lots of photos and Trash the lot.

Nice one cheers folks!

HampshireH

GDB2222 said:

I'd clear it then so you aren’t charged. 

And tell the council that they can have the flat back, but point out the position of the girlfriend. I guess it was a joint tenancy, in which case it may well continue in her name and she’s now liable for the rent.  Bit of a mess for the council if she can’t be traced. They’d have been better to sort it out when you approached them. 

If this is still a joint tenancy DO NOT TOUCH ANYTHING.

Just leave it all alone and speak to the Council before you do anything.

Notify the council, provide a copy of the death certificate and explain its a joint tenancy and as a result you won't be touching the contents as you won't open yourself up to a claim from the other tenant.

They will advise you.

There are no ifs and buts. If the ex is a joint tenant then they do have a right to return. Get your answer on clearance and charges from the council in writing before you do anything.

Their name being on a council tenancy will mean that they won't have been able to get a council property elsewhere it's a luxury worth having. I wouldn't be surprised if she makes a reappearance.

The amount of "rolex" watches and family heirlooms absent tenants conventiently leave behind then make a claim for years later when they come out of the woodwork is ridiculous.

The Council will do it properly, service an Notice to quit to end the tenancy (or serve notice for rent arrears if need be). You're unable to do that. The rent will continue to be charged until they follow the process.

Not worth putting yourself in the firing line unnecessarily. Get the advice first