Tenants in Common - who pays after 1st death?

[SM38SM]

Hello, so, 2 tenants in common......when one tenant in common dies, who is legally responsible for paying the property's utilities, ie gas standing charges, council tax. The other named owner, yes? The property is unoccupied by either tenants in common, one living elsewhere and the other, obviously, died. Thank you.

[atticus]

Do you mean charges arising after the death of the 1st joint owner? Is the property totally unoccupied?

[SM38SM]

Do you mean charges arising after the death of the 1st joint owner? Is the property totally unoccupied?

Yes, the first tenant in common died in August, the other tenant in common hasnt had anything to do with the property (ie occupancy, liability) for over 30years, only involvement being their name is on the deeds, as tenants in common.

Yes, charges arising after date of death. thank you.

[SM38SM]

ps, just to reiterate, it is not joint tenants, it is tenants in common.

[SM38SM]

yes, it is vacant, unoccupied, the first tenant in common who died lived there solely for 35 years.

[PallasAthena]

Generally speaking the fact that the form of joint ownership is TIC is irrelevant to who pays the bills. Utility bills, for example, are the responsibility of whoever is the named account holder on the utility accounts. Whether or how they own the house is irrelevant. If the house is unoccupied and neither of the TICs is named as the account holder and the bill isn't paid then eventually the utility company will simply cut off the supply.

But where both TIC joint owners are liable for bills then if one of them dies the liability to pay the share of the deceased TIC is now with the Estate of the deceased TIC. So the Executors or personal representative must pay the deceased's share of the bills until the deceased's share of the house has been passed to the beneficiaries.

For council tax on unoccupied properties the owners are jointly and severally liable for CT. So if the Estate of the deceased TIC failed to pay anything the surviving TIC is responsible for 100% of the CT.

This is just a general comment. You will need to check out the current arrangements for bill-paying.

EDIT I posted this before seeing your posts #3 - #5. As far as utility and water bills are concerned they are presumably in the sole name of the deceased TIC so their Executors are responsible for paying them out of the deceased's estate.

[atticus]

Thank you to the OP for those several replies. These liabilities should surely be divided between the estate of the deceased owner and the surviving owner, in the same proportion as their beneficial interests.

[SM38SM]

The estate has not paid the council tax from date of death, the local authority has since pursued the remaining proprietor for payment since date of death, and this has not been settled by them.

[charitynjw]

"Since 1925, it has been impossible for a legal estate to be held as a tenancy in common (sections 1(6) and 34 of the Law of Property Act 1925). Joint owners must hold the legal estate as joint tenants, but their beneficial interests may be held either as joint tenants or as tenants in common."

[atticus]

The bills need to be paid, and the estate and the surviving owner need to sort this out between them. This sounds like a situation where adults should behave like adults.

[SM38SM]

Surely the remaining proprietor has a duty towards paying for the property's council tax outgoings after death, they are the co owner afterall. Hence why the local authority had started sending letters addressed to the survivor to the property concerned, after searching the register. Post 6 says the remaining Tic should settle the CT but post 7 says it should be paid divided between the estate and the surviving TIC. The parties were originally married, divorced over 40 years ago, surviving TIC moved on, remarried, but original TIC could not/did not remove from title etc.

[PallasAthena]

The estate has not paid the council tax from date of death, the local authority has since pursued the remaining proprietor for payment since date of death, and this has not been settled by them.

I believe the LA is entitled to do that. There is a 'hierarchy of liability' for paying CT and when a property becomes unoccupied the liability falls on the owner(s). Where more than one owner they are jointly and severally liable. So the LA can recover 100% of the CT since the property became unoccupied from the surviving TIC. Their ownership shares are irrelevant. The LA has statutory powers to charge all the CT to the surviving TIC.

Local Government Finance Act 1992 (legislation.gov.uk)

The surviving TIC then needs to agree how the costs will be shared with the executor/personal representative of the deceased TIC.

Post 6 says the remaining Tic should settle the CT but post 7 says it should be paid divided between the estate and the surviving TIC.

They refer to different things. The surviving TIC has a legal duty to pay 100% of the CT if the LA demand that from him. Subsequently that cost should be shared between the survivng TIC and the estate of the deceased TIC.

[SM38SM]

Thank you Pallasathena, so I shall let the LA do their job, continue to chase the debt from other owner, and sleep restfully at night. Thanks again

[SM38SM]

"The surviving TIC then needs to agree how the costs will be shared with the executor/personal representative of the deceased TIC."

Please can you explain this sentence further, I do not quite understand. What costs?

[PallasAthena]

"The surviving TIC then needs to agree how the costs will be shared with the executor/personal representative of the deceased TIC."

Please can you explain this sentence further, I do not quite understand. What costs?

The council tax.