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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:
SmithfamilyRobinson · 02/09/2020 16:07

Yes also corroborating this insensitive pursuit of monies which these companies optimistically scour around for settlement reminding me of when my dad passed on some doubly forwarded correspondence with an electricity company YEARS after my grandmother had moved and then passed away; they were pursuing my mother who PREDECEASED my grandmother. Good luck with that I said and put the phone down (the utility company had never got round to getting the name of the new owner of the flat which they could have found out by 1. Looking on electoral roll 2. Actually going there!)

nosswith · 02/09/2020 16:10

Sorry to hear of your loss. I think you have made the correct decision to meet funeral expenses. As for the landlord, I don't think you should pay, and given the attempt to ask you to pay for council tax, perhaps contact the almshouses trustees. They may be unaware of such sharp practices as you describe.

GinDrinker00 · 02/09/2020 16:12

Do not pay. The debt dies with the person. Tell them to F off.

Sorry for your loss OP. Flowers

SorrelBlackbeak · 02/09/2020 16:12

@Atalune

You’re not liable.

Legally and morally they have not one wobbly leg to stand on.

Horrible bastards. Ignore them, and send their letters back unopened and return to sender.

Don't do this.

Just respond confirming with a copy of the death certificate confirming that there is no money in the estate.

museumum · 02/09/2020 16:12

No, you don't pay.

However it is right and proper that debtors ask for payment from the estate after death. If somebody with plenty of money owed you money and they died you'd want the money repaid.

But if it's not available (his estate doesn't have it) then that debt does not pass to the child(ren).

SorrelBlackbeak · 02/09/2020 16:13

@ComtesseDeSpair

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.

Just flashing up this excellent post again.
YukoandHiro · 02/09/2020 16:13

It's not your bill, it's is the responsibility of the estate. If the estate cannot meet these costs that's a matter for the solicitor and local authority to handle. Ask the solicitor who sorted the will to contact the landlord.

CuriousaboutSamphire · 02/09/2020 16:18

YOu said it's an alsmhouse? They have slighrtly different needs. Have a read back through @ComtesseDeSpair's post and follow her advice.

It doesn't matter what contract they had with your father, if his estate cannot afford to pay then they need you to tell them so they can assign the 'debt' correctly in their accounts. They'll have a pot to cover it but need some proof!

thinkingaboutLangCleg · 02/09/2020 16:20

Sorry you've lost your dad, OP. People who know about this are saying that billing you isn't legal. I'm pretty disgusted by a wealthy charity trying to rip off someone who has just been bereaved.
Flowers

CuriousaboutSamphire · 02/09/2020 16:22

I'm pretty disgusted by a wealthy charity trying to rip off someone who has just been bereaved Please don't add tp that rhetoric, it isn't true and probably only winds up the OP more. They have a legal obligation to try and get any and all oustanding bills met as soon as possible. Just as every other organsations does!

TollgateDebs · 02/09/2020 16:23

The DWP tried to recover some of my Dad's Attendance Allowance, as it was paid in advance. As the debt was Dad's and he did not even have enough to cover his funeral, I simply sent a copy of his bank statement along with the fact there was nothing elsewhere and away they went!

Notgoingonholiday · 02/09/2020 16:25

My dad died in December. There wasn't enough money to pay debts, cleaning of his house (local authority) or last 2 weeks of his care home. All the debts quickly went away and companies were very understanding. The local authority and care home half heartedly sent a couple of letters but no more once we set out the situation. You are not liable for your dad's debt unless you were some kind of guarantor.

mrsBtheparker · 02/09/2020 16:27

When the death was registered was a Tell Us Once form completed? If so then the Council will know of his death and everything would be adjusted from the date of death so they won't be wanting council tax if it was in your father's name.

alreadytaken · 02/09/2020 16:35

I'm sorry you have lost your father.

You are under no obligation to pay any of his debts. You should let them know that his estate did not cover the cost of the funeral and you may as well send them any bank statement you have plus a copy of the funeral bill. He may either owe or be owed money for his pension, if he was of that age, and utilities. He may have paid his community charge monthly, unlikely to be any money due to his estate but you could check. You might be able to reclaim some months of his tv license, if he had one. You should check he had no life insurance or other insurance where some refund might be available.

This will not be an unusual situation, they should stop pestering you once they have some information from you.

GreyGardens88 · 02/09/2020 16:36

Please don't pay this

Chloemol · 02/09/2020 16:56

I am sorry for your loss, I know it’s a hard time

The debts belong to your father, not you, and if there are no funds in the estate after funeral costs then that’s it

Just advise the landlord of that.

ApolloandDaphne · 02/09/2020 16:57

The Landlord is scum and trying a fast one on you. You are not liable for this money. When you registered his death the council should have been notified so he would not have been liable for further council tax.

ChicCroissant · 02/09/2020 16:58

Sorry for your loss.

As PP have said, it's the estate that is responsible for the rent and any related bills such as council tax (you definitely wouldn't be a guarantor for that!).

ithinkiveseenthisfilmbefore · 02/09/2020 16:59

Not a chance I'd be paying his bills.

If there's no money in the estate, there's no money in the estate to pay his remaining bills.

Relatives don't have to stump up for someone else's liabilities, so don't.

user1481840227 · 02/09/2020 17:05

You are definitely not liable....

Surely your fathers estate couldn't be liable either. How can someone be liable for council tax after they died?

Sorry for your loss, look after yourself OP and don't mind what the landlord is saying!

savetti · 02/09/2020 17:16

No, no, definitely no.
I’m guessing this is some sort of elderly accommodation that pays his bills for him, monthly charge?
Still doesn’t matter. You can’t be liable for council tax after you die and in any case there are no funds in the estate.
Reply saying there are no funds in the estate and you are in no way liable for anything.

SchadenfreudePersonified · 02/09/2020 17:19

@MrMeeseekscando

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
This.

It was your father's debt, not yours.

You aren't liable.

Sarah510 · 02/09/2020 17:20

Definitely don't pay anything . You're not liable. It could be that they are 'chancing their arm', maybe legally they have to try and recover what they think they're owed, but as your father left no 'estate' it's tough. Definitely don't go paying anything. It will sort itself out, but like other say maybe pop into citizens advice, or double check

tensmum1964 · 02/09/2020 17:24

Do not pay them a penny. If they are decent landlords they will have insurance to cover this. If not, tough. The debt is not yours.

ivykaty44 · 02/09/2020 17:41

Please don't pay

council tax is not payable once you have passed away and the bill will have been in our fathers name and so he is not liable - the landlord is trying to con ou on this one

the tenancy was between your father and the landlord and not you, I would seriously contact citizen advise and shelter for advise as this is not your bill to pay

please seek advise

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