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Re: Can I decline ownership of a property bequeathed to me in a Will?
Many thanks for this input PlanB. Yes I'll ask for the relevant documentation.
One of the tactics that Retirement Security use to lure prospective new owners into their properties is to describe to them how entitlement to "certain state benefits" will mean that they themselves won't be responsible for paying the service charges ... basically, these charges will be paid by the state. I remember my Mum was very worried about this aspect of the transaction when she first contemplated the idea of buying one of the flats. Mum was in receipt of one of these applicable benefits at the time (I can't remember exactly what it was called) ... but unfortunately as soon as she moved into the Nursing Home this benefit entitlement ended; and Mum became solely responsible for the entire service charge. She didn't have the funds to pay it ... so the debt began to accrue.
Quite who the "Welfare Officer" was, or what his/her responsiblities were, I have no idea! I didn't see this person ... and neither did Mum: for the entire time that she lived there!. Mum collected her own state pension from the post office (in those days, OAPs had their own 'pension book' to cash their weekly entitlement at the P.O).
In fact, I'm not altogether sure how this place (or those similar) qualify as "sheltered housing"? There are staff 'on call' 24/7 ... but the actual responsibilites of these staff seem minimal. For example, Mum's sleeping habits were a bit erratic ... she was physically disabled (used a wheelchair) and sometimes if she woke in the middle of the night she would contact the staff and ask for a hot drink: there was an 'extra charge' for this service at a rate of £5 per cup of tea!
You're absolutely correct about the matter of 'domestic assistance' ... this was the services of a cleaner who would arrive once a week to carry out small cleaning jobs. (The firm didn't allow the cleaners to do any chores of 'a personal nature', such as loading the washing machine, or ironing etc).
When Mum moved out, I contacted the gas/electric firms to have her accounts closed ... I also contacted the water board (United Utilities) to inform them that the flat was empty. They told me that there isn't a separate account for the water/sewage services for each flat, but the bill is sent 'en masse' to Retirement Security for the entire building. I contacted R.S. They confirmed that the water/sewage charge for Mum's flat was included in the service charge (it doesn't mention this on their website list). So I assumed that this detail alone would mean a reduction in the charge ... but no: R.S argued that they couldn't separate the charges from Mum's flat from those of "the communal areas" (there are a couple of communal toilets in the building) so there could be no reduction allowed!
For a long time Mum's dementia was undiagnosed (in fact, the first time that a diagnosis was officially made was on her death certificate!) Her GP diagnosed her faltering memory and confused state of mind as "attention seeking behaviour". Her incontinence was mis-diagnosed as "persistant urinary tract infection" (despite no bacteriological tests being carried out!) for which she was prescribed anti-biotics. Hence gaining Power of Attorney was a no-no. (I did make enquiries when she was moved into the nursing home .. but I couldn't afford the fees required ... I'm a pensioner myself: just with a state pension for income).
I did used to pop back to the flat on a regular basis: mainly to collect Mum's mail. On one ocassion I was surprised to find no mail at all (ie: not even the regular haul of 'junk mail'). It transpired that the mail (both junk and personal) had been handed back to the Royal Mail with a "return to sender - no longer resident at this address" message. I did try to find out who had done this ... but the person responsible couldn't be identified. According to the manager "it must have been one of the cleaners". I'm sure I'm not the only one who will regard this action as totally out-of-order?!
With regard to selling the flat ... the only attempts made are: 1) an advertisment it on Retirement Security's own website, and 2) an 'open day' takes place in the block of flats (about 4 times a year? Maybe less frquently) when prospective new owners can have a free cup of tea and inspect the properties that are vacant at the time.
R.S do not allow the flats to be advertised by local estate agents.
Originally posted by PlanB
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I've looked at their website and it raises a number of questions. They list all the items paid for out of service charges. Top of the list is the salary of all staff. If you check them out at Companies House you'll see that eight directorships were Terminated (that can mean resigned as well as sacked) in recent months which is a lot. Does this suggest all is not well? Three of the Directors have the same surname which implies it's a family business. Nothing wrong with that so long as all those on the payroll actually do a proper job for their renumeration.
It says that each resident will receive one and a half hours of domestic assistance (cleaner?) per week at their property. It's unlikely that this has happened since your mother moved out of the accommodation some years ago. Surely she can't be charged for a service she didn't receive. Ask to see the cleaner's time sheets as evidence.
Does the contract provide for a "Welfare Officer" (it usually does in sheltered accommodation) to deal with benefit claims? Your mother should have been entitled to an Attendance Allowance of about £73 per week which is normally paid direct to the company which provides the service. This would have been nearly enough to cover her service charge bill while she was still there. Ask to see full details of all benefits claimed by them on her behalf. While she was living there who dealt with her DWP pension and all her other financial matters? How did the company get paid for these service charges, a DD from her bank account or was someone managing her financial affairs when she moved out - was there a Power of Attorney who could have done a better job at looking after things? You need all this paperwork to established if she has been ripped off.
It's not unreasonable for the contract to say that the company can vet incoming owners, but I don't see why they should have control of the sale. This could be an unfair clause in that contract which needs research. Ask for full details of their efforts to sell the flat. Copies of all correspondence with any estate agents, details of any viewings to propspective buyes etc. They would need to establish that they used their best endeavours to sell it rather than sit back and let the bills mount up for the family to pay or were they hoping to help themselves to the proceeds of the sale
Finally, when did you last visit the property? Can you be sure that it's empty and not being used for a tenant or storage by the company? I'd make a surprise visit to the home to have a look around and start asking some awkward questions if I were you.
It says that each resident will receive one and a half hours of domestic assistance (cleaner?) per week at their property. It's unlikely that this has happened since your mother moved out of the accommodation some years ago. Surely she can't be charged for a service she didn't receive. Ask to see the cleaner's time sheets as evidence.
Does the contract provide for a "Welfare Officer" (it usually does in sheltered accommodation) to deal with benefit claims? Your mother should have been entitled to an Attendance Allowance of about £73 per week which is normally paid direct to the company which provides the service. This would have been nearly enough to cover her service charge bill while she was still there. Ask to see full details of all benefits claimed by them on her behalf. While she was living there who dealt with her DWP pension and all her other financial matters? How did the company get paid for these service charges, a DD from her bank account or was someone managing her financial affairs when she moved out - was there a Power of Attorney who could have done a better job at looking after things? You need all this paperwork to established if she has been ripped off.
It's not unreasonable for the contract to say that the company can vet incoming owners, but I don't see why they should have control of the sale. This could be an unfair clause in that contract which needs research. Ask for full details of their efforts to sell the flat. Copies of all correspondence with any estate agents, details of any viewings to propspective buyes etc. They would need to establish that they used their best endeavours to sell it rather than sit back and let the bills mount up for the family to pay or were they hoping to help themselves to the proceeds of the sale
Finally, when did you last visit the property? Can you be sure that it's empty and not being used for a tenant or storage by the company? I'd make a surprise visit to the home to have a look around and start asking some awkward questions if I were you.
Many thanks for this input PlanB. Yes I'll ask for the relevant documentation.
One of the tactics that Retirement Security use to lure prospective new owners into their properties is to describe to them how entitlement to "certain state benefits" will mean that they themselves won't be responsible for paying the service charges ... basically, these charges will be paid by the state. I remember my Mum was very worried about this aspect of the transaction when she first contemplated the idea of buying one of the flats. Mum was in receipt of one of these applicable benefits at the time (I can't remember exactly what it was called) ... but unfortunately as soon as she moved into the Nursing Home this benefit entitlement ended; and Mum became solely responsible for the entire service charge. She didn't have the funds to pay it ... so the debt began to accrue.
Quite who the "Welfare Officer" was, or what his/her responsiblities were, I have no idea! I didn't see this person ... and neither did Mum: for the entire time that she lived there!. Mum collected her own state pension from the post office (in those days, OAPs had their own 'pension book' to cash their weekly entitlement at the P.O).
In fact, I'm not altogether sure how this place (or those similar) qualify as "sheltered housing"? There are staff 'on call' 24/7 ... but the actual responsibilites of these staff seem minimal. For example, Mum's sleeping habits were a bit erratic ... she was physically disabled (used a wheelchair) and sometimes if she woke in the middle of the night she would contact the staff and ask for a hot drink: there was an 'extra charge' for this service at a rate of £5 per cup of tea!
You're absolutely correct about the matter of 'domestic assistance' ... this was the services of a cleaner who would arrive once a week to carry out small cleaning jobs. (The firm didn't allow the cleaners to do any chores of 'a personal nature', such as loading the washing machine, or ironing etc).
When Mum moved out, I contacted the gas/electric firms to have her accounts closed ... I also contacted the water board (United Utilities) to inform them that the flat was empty. They told me that there isn't a separate account for the water/sewage services for each flat, but the bill is sent 'en masse' to Retirement Security for the entire building. I contacted R.S. They confirmed that the water/sewage charge for Mum's flat was included in the service charge (it doesn't mention this on their website list). So I assumed that this detail alone would mean a reduction in the charge ... but no: R.S argued that they couldn't separate the charges from Mum's flat from those of "the communal areas" (there are a couple of communal toilets in the building) so there could be no reduction allowed!
For a long time Mum's dementia was undiagnosed (in fact, the first time that a diagnosis was officially made was on her death certificate!) Her GP diagnosed her faltering memory and confused state of mind as "attention seeking behaviour". Her incontinence was mis-diagnosed as "persistant urinary tract infection" (despite no bacteriological tests being carried out!) for which she was prescribed anti-biotics. Hence gaining Power of Attorney was a no-no. (I did make enquiries when she was moved into the nursing home .. but I couldn't afford the fees required ... I'm a pensioner myself: just with a state pension for income).
I did used to pop back to the flat on a regular basis: mainly to collect Mum's mail. On one ocassion I was surprised to find no mail at all (ie: not even the regular haul of 'junk mail'). It transpired that the mail (both junk and personal) had been handed back to the Royal Mail with a "return to sender - no longer resident at this address" message. I did try to find out who had done this ... but the person responsible couldn't be identified. According to the manager "it must have been one of the cleaners". I'm sure I'm not the only one who will regard this action as totally out-of-order?!
With regard to selling the flat ... the only attempts made are: 1) an advertisment it on Retirement Security's own website, and 2) an 'open day' takes place in the block of flats (about 4 times a year? Maybe less frquently) when prospective new owners can have a free cup of tea and inspect the properties that are vacant at the time.
R.S do not allow the flats to be advertised by local estate agents.
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