help at wits end

[GentleBreeze78]

Hi there,
I am hoping someone can advise me on what I should do as I am really at my wits end.

My partner passed away suddenly at home in Oct 2010 our council property was in his name and at the time of his death there had been a mix up in his housing benefit payments (all in his name)

After sometime "prooving" to the council that I was his partner and our children were his childre! yes bizarre I know but it happened they changed the tenancy over so that the property is now in my name.

I thought everything was sorted until I recieved a letter telling me that I would be evicted if I did not pay the three hundred something pounds that He owed. I spoke to them and explained he had passed and that I couldnt rectify any benefit mix up in his name as well I wasnt allowed to and that with no money in his estate that there was nothing to pay any debt. They told me "tough" so I contacted citizens advice who confirmed that I wasnt liable for the debt, I went back to the council and confirmed this but they wont have and are still hassling me. Does anyone have any advice on what I should do?
Thank you in advance

[Sapphire]

Re: help at wits end

Hiya I'm sorry to hear of your loss, you surely have been through the mill but slowly you will come out the other side.

I'm not sure about this personally, but am convinced one of my more learned of friends will pop along sometime later and be able to help more. In the meantime I would advise that you put everything in writing to your local MP and beg that he/she intervenes on your behalf, and please stress to them how badly the people at the council at dealing with you.

Don't forget to keep copies of all any any communications and please do everything in writing as phone calls can be denied.

[bluebottle]

Re: help at wits end

Hi GentleBreeze78,

Did you and your partner register a Civil Partnership at the registrar's office where you live? If so, this gives you some rights. CAB will be able to confirm what these rights are.

If your local authority, who are your landlord, have cocked-up and overpaid benefit, as CAB have said, it's the local authority's problem and it's up to them to sort it out. As it occurred before the local authority transferred the tenancy to you, I doubt very much they have a case for pursuing you for the overpayment as the tenancy is, technically, a new tenancy. A new tenant cannot be held responsible for any financial problems left either by a previous tenant or relating to a previous tenant.

It would be a good idea to go back to CAB for further guidance and you should consider contacting the Local Government Ombudsman (LGO) for assistance, too. If the LGO considers you have a case, they can kick the local authority into touch.

I had problems some years ago with a local authority who overpaid benefit, which I repaid, and they assigned the repayment to the wrong account. In the end, I threatened the local authority with legal action and they sorted it out within a matter of days and I got a grovelling letter of apology from a senior manager.

Please check nothing like this has happened, in your case, before going back to CAB and contacting the LGO. If the local authority still persist, see if you have a Community Legal Service office who can help you.

Bluebottle

[leclerc]

Re: help at wits end

was it a joint tenancy?

[GentleBreeze78]

Re: help at wits end

Hi there everyone,

Thanks for coming back to me so quickly.

My Partner was in recieving various benefits due to his illness and it was a mix up with this that caused his housing benefit claim to be suspended for a short while but this was rectified and he was in the process of sorting the forms when he passed.
The tenancy at that time was in his name only.
Hope that helps

[enaid]

Re: help at wits end

I hope this doesn't sound awful and I am sorry if I offend, I was just wondering if you and the children were part of the housing benefit your partner claimed. I am no expert by a long way but I do know that all occupants are part of the assessment for housing benefit. I was just thinking this may be a part of the reason the benefit had a mix up in the first place.

[bluebottle]

Re: help at wits end

was it a joint tenancy?

Hi,

I thought of that and checked what the current rules are regarding joint tenancies. It appears that if a couple occupy rented accommodation, that is classed as a joint tenancy, but if one of them passes away or leaves and the surviving or remaining partner stays in the accommodation, a new single tenancy applies. Why is nothing ever simple?

Bluebottle

[GentleBreeze78]

Re: help at wits end

My partner was a tenant before we got together. At the time of his death I had to prove to the council via doctors letters and such that we were a couple. I had help from the british legion at the time also as he was an ex serviceman and had many letters written by anyone who knew us. It was made clear to me at the time that I was not automatically entitled to take over the property but as soon as I did they said I was liable for his debts.. its all very strange and very distressing.

[labman]

Re: help at wits end

It seems to me the council are being crassly insensitive whatever the legalities of this issue.

I would be inclined to contact your MP:

Search (Find Your MP) - UK Parliament

Then I would compose an e-mail to the CEO of your council explaining what has happened, how much distress this is causing you and saying you have contacted your MP.

Emphasise that this debt was incurred solely in your husband's name and has nothing to do with you, and see what happens.

[GentleBreeze78]

Re: help at wits end

Thank you so much for your advice. I have contacted my advisor at the CAB and will contact my local MP and as suggested the CEO of my housing association. I will keep you posted.
Again thank you so so much

[enaid]

Re: help at wits end

I thought it may have been an overpayment in Housing Benefit since he passed away and had been applied to your rent account, if that had been the case you would owe the money imho.
Your rent statement should show any payments of benefit just to be sure.

[bluebottle]

Re: help at wits end

If there was no marriage or registered civil partnership, I would have thought the local authority/housing association were on a sticky wicket, as the two parties would be regarded as two individuals co-habiting. If that's the case, what legislation are the local authority/housing association relying on? It sounds too much like local authority laziness, incompetence or cock-up. It will be interesting to see what CAB and the CEO of the housing association and local authority have to say.