council tenancy

[chippy-john]

My partners father recently died she has taken what she wants from his council house which is not local to us.
The council are telling her she is liable to empty the house , surely she cannot be held responsible for her fathers council house being emptied.

[Ethel]

Those costs should come out of her father's estate, assuming he left money or other assets.

The council shouldn't be expected to clear properties.

[aka pixi]

hi chippy-john, this is a straight copy and paste from our local council website, it doesnt seem to say anything about your situation though

Advice for relatives and your next of kin
�
If you are dealing with a relative or friend�s tenancy because they have died, please tell the local SAP straight away. We may be able terminate the tenancy before the four weeks official notice period.
�
Tenancies can only end on a Monday. If you hand in the keys before noon on a Monday the tenancy will end straight away as long as you have given us four weeks� notice. If you hand them in later, the tenancy will end on the following Monday.
�
It helps us to know how long you think you will need the keys. We have to charge rent until the keys are handed in and we will ask you who will be responsible for paying the rent until then.
� ***** Council cannot pay Housing Benefit after a tenant dies. Benefit is usually cancelled on the Monday after their death. If they were receiving any kind of benefit, you also need to tell the benefits agency the tenant has died.
�
The tenant may also have been receiving a State Pension. If so, you will also need to contact the Department for Work and Pensions.

[novalis]

When my late stepfather died ( mother was by that time in a nursing home after two strokes ) my stepbrother was told by the council that it was his responsibility to clear the house even though he did not live in the same borough. I should imagine that is a standard rule throughout the country.

[chippy-john]

If you are correct and she is responsible hopefully we can then buy the property or take over the tenancy.

[cruella]

As Ethel pointed out, the cost of emptying a deceased person's house should be paid from that person's estate.
Some Councils will empty the house, but do charge for it, unless there is no NOK.
The tenancy will not transfer to you, nor will you be able to buy the property.
That house will be allocated to the next person on the Council waiting list.

[Ethel]

chippy-john

You seem to have a problem accepting responsibility for this. Your father in law's estate should be dealt with properly, and that means terminating his tenancy in the proper manner. That includes leaving the property clean and empty before returning the keys and making sure the rent is paid up to date.

If he did not leave a will naming an executor, it is the responsibliity of the next of kin.

If there were a named executor, he would have dealt with all of this before making sure your partner received her inheritance (if there was anything left).


I really do not understand why you believe your partner should not be dealing with this. It is normal practice.

[Mamjet]

Sounds like she was round like a shot scooping up everything of value soon as he popped it, so why didnt she scoop up everything else into a binbag or something while she was at it? Or was she too busy on ebay with her laptop?

[innocenti]

Your partner will not be given the tenancy. For this to have happened she must have lived there with her father. As she was not living there the council will let the house to somebody else.

[Twenty20]

Personally, I would have thought your partner would have wanted to sort her dad's belongings out rather than have someone else do it. Is it really too much trouble to do that? What a strange attitude.

[Mamjet]

You got it Twentytwenty - see my answer for clarification.

[tigwig]

do you know Mamjet I have to say sometimes I think you are an absolute pillock and other times your answers make me laugh! Have you got any more funny things to say I could do with cheering up today. (sorry chippy-john for hi jacking your thread)