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

Spendless

Was just going to echo the advice from HampshireH. I used to work in the council housing department. Speak to the council first and let them advise you. 

Billco_2

Sigh. Knew this wasn't going to be as straight forward as I hoped. Alright cheers guys. I'll be giving them a ring tomorrow.

Billco_2

Just to put a resolution on this thread incase anyone comes across it in the future, rang Dartford council and got told to clear the place as if she's not been around for 4 years, they will just end the tenancy. Quite surprising really I thought there would have been more steps to be followed.

Got the permission in writing too, so the flat is now clear and the keys are back with them. Relief.

Thanks for all the help!

GDB2222

Billco_2 said:

Just to put a resolution on this thread incase anyone comes across it in the future, rang Dartford council and got told to clear the place as if she's not been around for 4 years, they will just end the tenancy. Quite surprising really I thought there would have been more steps to be followed.

Got the permission in writing too, so the flat is now clear and the keys are back with them. Relief.

Thanks for all the help!

That doesn’t stop her from claiming from you the value of the goods that you threw away. The council cannot give you permission to do that.

 That’s the theory.  In reality, she won’t ever turn up. Even if f she does, she won’t know what happened to the stuff, and she won’t be able to prove it had any value. 

HampshireH

Exactly as above. The Council just shifted their liability to you so they can safely say they aren't responsible.

They were in a position to advice but not to give permission. They  will always take the cheapest option which was for ou to pay to clear it instead of them.

The Council will be entitled to tell her it got cleared by the executor if she asks where her stuff went. It isnt that easy and they do have steps to follow but they just weigh up the risk. Hopefully she doesn't reappear. 

It's good tour happy with the outcome though and can move on

Billco_2

Having no clue what I needed to do, I rang the council for advice and they told me, in writing, that I needed to clear the flat and hand the keys back to them, that was that.

So that is what I did. I'd argue its not my duty to study up on tenancy law in my part as executor, so should she show up and I don't think she will, I will be strongly arguing that the council take responsibility.

GDB2222

Billco_2 said:

Having no clue what I needed to do, I rang the council for advice and they told me, in writing, that I needed to clear the flat and hand the keys back to them, that was that.

So that is what I did. I'd argue its not my duty to study up on tenancy law in my part as executor, so should she show up and I don't think she will, I will be strongly arguing that the council take responsibility.

Your better bet is to ask her to list out all the items she thinks had value. Then, you say that those items were broken or not there. Which is perfectly fine. 

That’s if she ever turns up. 

silvercar

“  He was an elderly dartford council resident so didn't have to pay any rent. ”

What does this mean? That he claimed housing benefit which paid his rent or that he was on some kind of lifetime interest that entitled him to live rent free?

either way, if the ex-girlfriend finds out she could inherit the tenancy, at low or non existent rent, she may appear.

Billco_2

silvercar said:

“  He was an elderly dartford council resident so didn't have to pay any rent. ”

What does this mean? That he claimed housing benefit which paid his rent or that he was on some kind of lifetime interest that entitled him to live rent free?

either way, if the ex-girlfriend finds out she could inherit the tenancy, at low or non existent rent, she may appear.

I'm not actually sure, it was either his age/low income or because he's been bed ridden for the last few years. Either way, that benefit stops when he passed away so unless she's entitled to her own benefits, it wouldn't be of any interest to her.

Frankly speaking the place isn't worth inheriting either. Never even had carpets, just a bloke that smoked 40 a day. Mouse infested. Falling apart kind of place. Can't see her finding out at any rate. He had no friends/family so nobodys gonna pass the message on to her and even the council said they have no way to track her down.