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clint1974

Death & Rent Due

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My late uncle died and therefore the housing benefit he recieved ceased. He left no will. My mother has taken over proceedings but not in any legal way and has recieved a letter from the local housing association for the last 2 weeks rent upto when the property has to be vacated. She doesn't intend to pay and he left very little money, not even enough to cover the funeral arrangements so what would you suggest?


 

 

"I feel sorry for people who don't drink. When they wake up in the morning, that's as good as they're going to feel all day.”

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Send them a copy of the death certificate and the solicitors details (if any) and ask them to claim from the estate... there is very little they can do here now.

 

Some of these organisations are very tardy at dealing with 'deceased' estates.

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They have already had a copy of the death certificate. There isn't a solicitor as he had nothing but the clothes on his back! Should i just direct them to the DSS as they paid his rent?


 

 

"I feel sorry for people who don't drink. When they wake up in the morning, that's as good as they're going to feel all day.”

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No, the DSS won't help because ultimately he was responsible for the rent - although the LA may have paid it. Though if he was due housing benefit up until that period then they can make a payment. (It's the council you need to contact in regard to housing benefit)

 

Your mum should write a letter advising them that the estate was so little that it did not even cover the funeral expenses, therefore she is unable to assist them.

 

When someone dies, leaving any outstanding bills, rent, other debt etc, there is a strict order of priority in which the debts must be paid. The first to be paid are the funeral and testamentary expenses, followed by mortgage or other property secured loan, then HMRC debts, then DWP debts, then any unpaid pension contributions/wages.

 

If after paying some or all of the debts in that order, there is no money left, the debt(s) cannot be pursued any other way.

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My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

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