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Original poster

Family issue - money related

49 replies

iamaswashbuckler · 26/08/2019 16:40

So I need a bit of advice as essentially we have just found put today that my husband has been used as a "Landlord" on a property that was owned by his late father. He knew nothing of this and has now received a letter to say that he is liable for £1100 council tax on the house although he has never lived in it. His brother and wife lived in it up until about 6 months before it was sold and claim that they had paid this but the council says otherwise. How do we play this as essentially if he tells the truth then he brother and SIL will potentially be in the shit which he wants to avoid, but at the same time he doesn't want to be thought of as the landlord or liable for this debt. Any advice?

OP posts:
ajandjjmum · 26/08/2019 16:41

Talk to his brother and SIL?

Original poster
iamaswashbuckler · 26/08/2019 16:46

Yeah we've done that but they just insist they've paid it so can't pay anymore. They essentially created a false tenancy agreement so they could claim housing benefit, so there are no winners in this scenario as far as I can see. Either they get found out for benefit fraud or my husband has to pay a bill that has nothing to do with him. Why do people lie without thinking about the consequences for others, it gives me the rage!

OP posts:
CassianAndor · 26/08/2019 16:50

So you dob them in. Too bad for them.

Lwmommy · 26/08/2019 16:50

Do they have evidence of payment?

AbbieLexie · 26/08/2019 16:52

There are also tax implications for your husband if he's been receiving 'rent' from them. Landlords need to be registered as well - I don't know if anything is done retrospectively.

Original poster
iamaswashbuckler · 26/08/2019 16:52

Tempting @CassianAndor but more difficult when it's family....
Yeah @Lwmommy apparently they do, but not convinced, waiting for them to send through bank statement proof.

OP posts:
Abraid2 · 26/08/2019 16:52

They pay or you alert the authorities to the fraud.

Original poster
iamaswashbuckler · 26/08/2019 16:53

That is exactly my worry @AbbieLexie, as he is not registered so there could be other implications for him! It's all such a mess...

OP posts:
LIZS · 26/08/2019 16:54

What about the time between them moving out and the sale? The owner/s are liable for ct on an empty property.

Original poster
iamaswashbuckler · 26/08/2019 16:55

Just to clarify he had never received any rent from them for the whole time they lived there.

OP posts:
Original poster
iamaswashbuckler · 26/08/2019 16:56

They moved out when it went on the market @LIZS and it sold 6 months later, but they claim they had paid the council tax for that time too!

OP posts:
stucknoue · 26/08/2019 16:57

If he owns the property he will be liable from the day they moved out until it sold so 6 months, £1100 could be correct, give the date the il moved out to the council

MollyButton · 26/08/2019 16:58

You have to dob them in - sorry but if HMRC think he hasn't declared Tax he could end up owing far more - including fines and interest!

Original poster
iamaswashbuckler · 26/08/2019 16:59

He didn't actually own it though as it belonged to his late father and the deeds were never transferred, it was a probate sale when it was sold but that was 3 years after their fathers death.

OP posts:
LIZS · 26/08/2019 17:01

You need to ask the solicitor who handled the will and sale but the estate is liable if not him/brother personally.

Brahumbug · 26/08/2019 17:01

So his brother was fraudulently claiming housing benefit and then pocketing the money and has landed your DH in a world of trouble. At the very least the brother needs to pay the bill. But there will be issues with HMRC and other official bodies. His brother has been outrageous doing this behind his back.

Original poster
iamaswashbuckler · 26/08/2019 17:04

I guess effectively he is partly liable along with his brother if the estate should pay it @LIZS. However I am so angry at his brother for putting him in this position, I am not sure what he thought he was doing @Brahumbug but I agree with you!

OP posts:
Original poster
iamaswashbuckler · 26/08/2019 17:06

If he had known at the time of sale that the bill was outstanding they could have settled it with the proceeds, so I have no idea why his brother didn't tell him then!

OP posts:
LIZS · 26/08/2019 17:08

Did solicitor not ask them ?

Original poster
iamaswashbuckler · 26/08/2019 17:09

@LIZS not as far as I am aware, but possibly did but he didn't declare it either way.

OP posts:
ChicCroissant · 26/08/2019 17:14

Was your husband the executor of the will, OP?

It seems unlikely that the Council would take the word of the tenants on who owned the property. I think there is a bit more to this than you are aware of.

Original poster
iamaswashbuckler · 26/08/2019 17:15

Yes @ChicCroissant although there was no will as such, he acting as executor for the sale as he had applied for probate.
My thoughts exactly though, I was a little puzzled why they would just take their word for it based on a forged tenancy agreement?!

OP posts:
ChicCroissant · 26/08/2019 17:19

He's been contacted because he is the executor and the estate is liable for the 6 months that the property was empty between BIL leaving and the sale. Nothing to do with a forged tenancy. Why did you think that, do you not get on with your BIL?

Original poster
iamaswashbuckler · 26/08/2019 17:23

@ChicCroissant fair enough, but his brother claimed he had paid it and the evidence the council have used to deduct who owns the property is based on a forged tenancy agreement which is why I mentioned it. My issue is more about whether he disputes the landlord part or just pays it.

OP posts:
ChicCroissant · 26/08/2019 17:28

As the executor, he has been responsible for the house from the time of your FIL's death until the sale though. He is legally responsible. The council won't chase him for a tenant's bill, that's not how it works.

What do you mean by a forged tenancy agreement - do you mean they said he was the owner?

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