Can a Housing association come after us for money?

LouR1987

My father in law was placed into residential car last year as he was assessed to lack capacity due to a previous dementia diagnosis. Before he went into care he was living in a housing association house managed by Orbit where his benefits paid his rent each month. When the decision was made and he was moved into his care home the adult social worker in charge of his case assured us that they would serve notice to Orbit and we needed to empty the flat as soon as possible. We cleared the flat to the best of our ability with the time we were given and heard nothing further so assumed everything was fine. We then received a call a week or so ago and again today from Orbit, they say notice was never given and the flat has sat empty for the last 12 months because they thought he was still living there. (Not sure why it took them a year to ask any questions when they won't have been paid the rent in that time either!) My father in law had no real savings and no assets to pay for residential car but any money he does get from his pensions goes mostly towards the home fees and he's left with just a tiny amount a week. Our worry now is that Orbit will come after him or then us for unpaid rent for the amount of time the flat has been empty. Can they do this? Is there anything we can do if they do? 

swingaloo

When you emptied the flat did you give the keys back?

Ayr_Rage

LouR1987 said:

My father in law was placed into residential car last year as he was assessed to lack capacity due to a previous dementia diagnosis. Before he went into care he was living in a housing association house managed by Orbit where his benefits paid his rent each month. When the decision was made and he was moved into his care home the adult social worker in charge of his case assured us that they would serve notice to Orbit and we needed to empty the flat as soon as possible. We cleared the flat to the best of our ability with the time we were given and heard nothing further so assumed everything was fine. We then received a call a week or so ago and again today from Orbit, they say notice was never given and the flat has sat empty for the last 12 months because they thought he was still living there. (Not sure why it took them a year to ask any questions when they won't have been paid the rent in that time either!) My father in law had no real savings and no assets to pay for residential car but any money he does get from his pensions goes mostly towards the home fees and he's left with just a tiny amount a week. Our worry now is that Orbit will come after him or then us for unpaid rent for the amount of time the flat has been empty. Can they do this? Is there anything we can do if they do? 

Was the flat cleared of all belongings and the keys handed back to the HA?

Did anybody get written confirmation of the ending of the agreement?

LouR1987

swingaloo said:

When you emptied the flat did you give the keys back?

We left the keys in the key box and the social worker told us they would give a set to the HA. We had no written confirmation. It was a very difficult time with a lot of division within the family and most of it got left to us unfortunately.

gwynlas

Unless you had PoA for yur fil you are not responsible for any debts accrued.

He had a social worker who you are told failed to inform HA of his moving into care.

They might try and bill your fil but it sounds as though he does not have capacity.

One wonderrs if a tenant could have lave laid dead in the fflat with  no rent being paid for a year before they took action

LouR1987

gwynlas said:

Unless you had PoA for yur fil you are not responsible for any debts accrued.

He had a social worker who you are told failed to inform HA of his moving into care.

They might try and bill your fil but it sounds as though he does not have capacity.

One wonderrs if a tenant could have lave laid dead in the fflat with  no rent being paid for a year before they took action

Thanks that gives us some piece of mine. We did not end up getting power of attorney in the end and even if they did try and bill him he has nothing left really to pay with after paying his share of care fees. 

I cannot for the life of me understand why or how it took them 12 months or more to notice and ask questions! 

silvercar

Tell them to take it up with the social worker. Worth mentioning to them that he has no income as it is all being used to pay his care costs. Hopefully they will write it off. Even if they don’t you are not responsible for his debts.

elsien

Technically the social worker has no legal authority to end the tenancy - the only person who could would be someone with a power of attorney or deputyship or the court of protection if the person lacks capacity to end it themselves.
What  usually happens to get round the legalities is that the housing association treats the  property as being abandoned once it’s confirmed that residential care is a long-term place and the person won’t be returning. That confirmation would usually come from the social worker.

The housing Association may have noticed and may have been writing to him at the flat asking about the rent arrears and  if he was still there, but obviously he wouldn’t have been getting those letters if no redirect was set up. I have known that to happen for upwards of 18 months. 

All of which is academic if your father-in-law has no money. The housing association will just have to write the debt off as you are certainly not liable. . However did anyone inform the DWP/council that he was no longer living in the flat and cancel his housing benefit? 

LouR1987

elsien said:

Technically the social worker has no legal authority to end the tenancy - the only person who could would be someone with a power of attorney or deputyship or the court of protection if the person lacks capacity to end it themselves.
What  usually happens to get round the legalities is that the housing association treats the  property as being abandoned once it’s confirmed that residential care is a long-term place and the person won’t be returning. That confirmation would usually come from the social worker.

The housing Association may have noticed and may have been writing to him at the flat asking about the rent arrears and  if he was still there, but obviously he wouldn’t have been getting those letters if no redirect was set up. I have known that to happen for upwards of 18 months. 

All of which is academic if your father-in-law has no money. The housing association will just have to write the debt off as you are certainly not liable. . However did anyone inform the DWP/council that he was no longer living in the flat and cancel his housing benefit? 

Thanks, no one in the family has deputyship or power of attorney unfortunately, they only contacted my husband because he is listed as his next of kin. 

The housing association did say they tried to visit him at home a few times and obviously he wasn't there. So yes your probably right they may have been sending letters to the flat. 

All his finances were being looked after by Pendrals trust for a year or 2 before he went into care anyway so they sorted the DWP and his benefits etc along with his contribution to care.