Tenant passed away, partner remains

Housing Benefit Overpayment

I got advice last week on a case I have. The tenant who I thought was alone has died, her partner is still in the property but not on AST as I didn't know he existed. People say Section 21 which I don't disagree with, though I don't think I should have to wait 2 months with no AST. He cant claim LHA with no AST so no rent.

I have today received a £405 council tax bill. No the tenant before she died was on the old LHA being paid directly to me. My fear is if I tell the council the property is not vacant as this guy is there, they could say if she was not living alone the LHA was overpaid and as I was paid direct I am liable. The tenancy is 4 years old, I genuinely didn't know he was there.

All I really want is a property back to sell. At the moment I have no rent, no possession and a council tax bill.

Aby thoughts?