Inherited arrears

[teganellie]

Following my son's fathers death a few months ago, he was given the council tenancy of the property.

AFTER he had signed for the tenancy, he was informed that he had inherited rent arrears from this father - amounting to 3k+. He has been informed that he has now been a tenant since the age of 10!

I have attempted to get help from CAB and his local MP to no avail.

He then had a letter of Notice of Seeking Possession. I managed to halt this only by him offering to pay the minimum of £3 per week toward the arrears but they then said that by paying he was acknowledging ownership of the arrears.

When he first took the tenancy he was unemployed but has now found a new job and is worried that the council are going to start asking for more money - which he doesn't owe.

I don't know where to turn to help him.
He is an honest, lovely 21 year old, just starting out in life and having had to deal with the death of his father, is now saddled with this debt

I would appreciate any help/advice we can get

[demon_x_slash]

Was he living with his father before his father died?

Dealing with the deceased’s rented home : Directgov - Rights and responsibilities

If the deceased was living alone in a council house


You should let the local council’s housing department know as soon as possible that the person has died. They will give you a form to fill in to confirm that the tenancy is ending and advise on what needs to be done to finalise any outstanding issues.
There will be a four-week notice period to end the tenancy running from the Monday after the date of death. Rent has to be paid for this period. Rent and any arrears owing will be paid out of the deceased’s estate. If the deceased didn’t leave a will, let the housing department know and they will advise you on what to do.

That's all I could find, sorry.

Edit: Hang on...

Rent Arrears

If you take over the tenancy, this does not mean you are liable for any previous rent arrears, unless you were a Joint Tenant. Payment for rent arrears should come out of any estate. You will, of course, have to pay the current rent.
Phone us for advice 0808 808 4000

That's the National Debtline...

[teganellie]

Yes he was living with his father when he died. The council have given him an 'assigned tenancy'. It wasn't ever a joint tenancy. I asked them for advice and they said that they couldn't tell me where to go for help as it was a conflict of interests!

[demon_x_slash]

IMHO, if he never had a joint tenancy, I don't see why your son should be liable for the arrears. He's inherited it, but effectively taken the tenancy as a 'new tenant' - a private landlord can't charge a new tenant for the previous tenant's rent, so why should a council be able to?
I think Nightmare4banks is the tenancy expert on here, though, I'd give hir a PM.

[teganellie]

Many thanks, I'll give him a try.
I totally agree with what you're saying but the council aren't listening.
I've even tried making a complaint to them but they've ignored it and I really don't know what to do next.

[comanche]

I ought to know the answer to this but I don't.

Normally debts don't pass to living relatives unless there was a joint liability prior to death. If there was a joint tenancy prior to death then the liability would pass to the son.

I think the answer to this lies in the tenancy status before death and any tenancy agreement or other documents that the son signed after the death. Are there any more details about this?

He should be able to get more information from the Council by threatening to refer the matter to the Local Government Ombudsman. That tends to get their attention.

[jaidxx]

Unless it was a joint tenancy, your son should not take on the rent arrears just because his father had them.
Arrange to see his housing officer and ask them to show your their policy, and housing act, that states that they are correct. Tell them unless they can show you that, you will not be paying the arrears.

[gizmo111]

Suggest you make an appointment with shelter who are excellent at anything to do with housing, and will speak to the local authority on your behalf.

The relevent issue here is not whether there was a joint tenancy but whether a new tenant under a succession inherits the rights and obligations of the previous tenant. If so then that must include rent arrears.