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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU - to be thinking about not paying?

107 replies

HumptyDumpty1947 · 02/09/2020 15:07

My father died at the end of July. I told his landlord and cleared his flat immediately.

Today I received a bill for nearly two thousand pounds from the landlord - for six weeks notice (when the flat was empty - except for their contractors getting it ready for the next tenant). They. have also said that I am responsible for paying the council tax for six weeks after he died.

I am feeling very fed up and minded not to pay - but I have never even considered doing anything like this before and know I am very emotional at the moment and may not be being reasonable. I would be grateful for your advice on what you would do.

My fathers estate won't cover the funeral costs so it would be for me to pay.

I don't mind paying any of his bills but feel annoyed towards the landlord. They are an almshouse - a very rich charity (part of which includes two of the most expensive independent schools in the country so money for them really isn't an issue). Unfortunately they weren't especially kind to my father whilst he lived with them and many of the services that we were told would be provided weren't - so, unfortunately, I dont really feel under any moral obligation /or debt of gratitude towards them. .

I also dont really see why I should have to pay for services (such as as are paid for through council tax) when we didn't receive them. My father was dead and I pay council tax where I live. We didn't and couldn't access the flat during the six week period so had no benefit from it.

If they had been kind towards my father I might feel differently but I dont. I would resent making this payment but I do realise that perhaps I have to. I'm not sure what the legal obligations are once someone has died and what the relatives are responsible for. If they had been good with my father I wouldn't think twice about it but given some of the problems he experienced I would really resent making the payment. What would you do?

OP posts:
OurChristmasMiracle · 02/09/2020 15:11

Realistically any of your fathers bills/debts would be payable out of the estate. As there isn’t any estate to cover this they should write it off as a debt dies with a person and the contract your father had was between him and this company. The same as the council tax which is actually between him and the local authority. Nothing to do with the landlord.

MrMeeseekscando · 02/09/2020 15:11

I think the estate is liable not you.
The funeral costs are paid first, not enough left so tough.
Double check because I've not dealt with anything like that for 13 years, but I think they are trying it on

contrmary · 02/09/2020 15:13

If the contract was with your father and not with you, they have no legal right to make you pay. You cannot inherit debt, it can only be taken out of the estate (which it sounds like won't cover it).

TheHappyHerbivore · 02/09/2020 15:15

Assuming it isn’t you who has the contract with them, you have absolutely no obligation to pay and you can tell them to get stuffed.

wowfudge · 02/09/2020 15:15

I can't see how you would be responsible for paying this as it will be a debt of your father's estate - if indeed the charges can stand once a tenant has died.

Given you have said the landlord is wealthy I would take a copy of your father's tenancy agreement and the correspondence you have received and get advice from CAB before paying anything as they may be the kind of organisation to pursue payment through legal action. Have you notified the council of your father's death? If not I suggest you do so asap.

Flowers for you OP - I'm sorry for your loss.

wowfudge · 02/09/2020 15:17

To clarify, you personally should not pay anything as your DF's potential debt cannot be transferred to you. The question is whether the LL can compel his estate to pay them anything.

Disfordarkchocolate · 02/09/2020 15:17

If he hasn't left any money to pay this then don't worry about it.

TheQueef · 02/09/2020 15:17

Sorry to hear you lost your Dad Flowers

Gemma2019 · 02/09/2020 15:26

Don't pay a penny of it! You can't inherit debt unless you were personally named on the loan agreement or lease at the time. There is certainly no council tax to pay after someone dies and you are not liable to pay for six weeks' rent. If you are executor they could try to chase the estate for any rent arrears accrued before your father's death but that's all, and if there's no money to pay then you are not personally liable and the debt should be written off.

LyingDogsLie1 · 02/09/2020 15:27

You’re not responsible for your fathers debts.

Babyroobs · 02/09/2020 15:29

There is no need to pay. The debts will die with him if there is nothing left from his estate. Sorry to read of your loss.

SmellsLikeFeet · 02/09/2020 15:30

Sorry for your loss
I don't think you are liable personally , to pay any bills or rent
They are trying it on

ComtesseDeSpair · 02/09/2020 15:30

This standard practice in social or charitable housing, in the sense that you, presumably the executor of his estate, will be sent bills for outstanding monies owed. You will need to provide evidence that there is nothing left in the estate to pay his rental arrears, and they can then make a formal write off of the arrears. Similarly, you just need to confirm that you have contacted the council and provided similar evidence regarding his council tax - otherwise, they as his landlord and owner of the property would liable for council tax on an empty property. They want to avoid this, obviously.

It’s nothing to do with how wealthy a charity they are.

Newkitchen123 · 02/09/2020 15:31

Absolutely not to paying council tax. My dad died this year and his stopped immediately.
Rental property.... Either your dad's estate paid and you have access to the property or the estate didn't pay and you didn't have access. They can't expect you to pay if they had contractors in

RhubarbBikini · 02/09/2020 15:34

This doesn't sound right. The details are a bit hazy now, but I'm sure the council suspended the council tax on my grandfather's privately owned home when he passed away. I cant imagine council tax would be payable on a tenancy is such circumstances.

Sorry for your loss

Moondust001 · 02/09/2020 15:36

I suggest you tell them to take it up with your dad.

VesperLynne · 02/09/2020 15:36

I haven’t read every comment but you can’t inherit debt so it sounds like they are trying it on. I’d just return everything.

DimidDavilby · 02/09/2020 15:38

Do not pay! It is not your responsibility.

Shedbuilder · 02/09/2020 15:39

First, condolences.

As others have said, they're your father's debts and should be paid out of the estate. There's no estate and they're not your debts — so all you have to do is write back and tell them that your father's estate wasn't sufficient to pay the funeral costs, let alone a notice period and Council Tax. They may require you to supply evidence of this (as a charity they are obliged to try and claw back as much money as possible for their beneficiaries) but they should drop it. A polite but firm letter should do the trick.

The Council Tax thing sounds like a scam: surely your father paid CT independently the Council? You can check that by looking through his bank statements.

Long and short of it is that you are under personal obligation to pay.

billy1966 · 02/09/2020 15:39

Absolutely not OP.

Not your debt.

Condolences for your loss.Flowers

katy1213 · 02/09/2020 15:40

Also, if their contractors have had access, that means they have taken possession of the property - so definitely no rent due.
But don't get into discussions with them. If there's nothing in the estate, then nobody gets paid and that's that.

minnieok · 02/09/2020 15:40

His bills come out of his estate and are not your responsibility. Funeral costs are taken first (essential costs not food and drink etc) then rent etc. As executor you have to tell those owed money to send the bills then they will be settled if funds allow. There is lots of free advice online

Shedbuilder · 02/09/2020 15:40

You aren't under personal obligation to pay. Dammit, why does that always happen?

honeygirlz · 02/09/2020 15:41

Children are not responsible for their parents' debts. I wouldn't pay if not legally obliged. Refer them to the solicitor dealing with the estate.

Serenity45 · 02/09/2020 15:43

I'm sorry for your loss and having to deal with crap like this at such a difficult time. National Debtline info is very clear - you aren't liable:

www.nationaldebtline.org/EW/factsheets/Pages/dealing-with-debt-when-someone-dies/bereavement-and-debt.aspx