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Estate admin answers Deferred payments

Estate admin · Deferred payments

What does a council charge to close a Deferred Payment Agreement after death?

Only Surrey (£250) and Lancashire (£24) publish a fee for ending the agreement; the set-up fees already on the account run from £400 to £1,844.

In short

Of eight English councils whose own published charges were checked on 6 September 2026, only two name a fee for ending a Deferred Payment Agreement. Surrey charges £250 in legal fees to remove its charge from the property, plus any debt-recovery costs if the balance is not repaid in full. Lancashire charges £24. Hampshire says administration fees are applied at the end of the agreement but prints no figure. Devon, Essex, West Sussex, Birmingham and Kent publish no closing fee at all.

The larger sums are usually already on the account. Set-up fees range from £400 at Devon to £1,844 at Surrey (from 1 April 2026). Ongoing charges are billed annually at Surrey (£148) and Kent (£340.85), weekly at Hampshire (£8.75) and West Sussex (£10.80), and at equity-review milestones at Devon. Interest compounds at the national maximum rate, 4.65% from 1 July 2026.

Only Kent and Lancashire publish a deadline to repay after death. Both say 90 days. The other six councils are silent.

§1How it works

Why the fee depends on which council holds the agreement

The national rules fix the interest ceiling, not the fees. Every council here except Lancashire says it charges the national maximum interest rate, which is reset on 1 January and 1 July and which several of them attribute to the Office for Budget Responsibility. Lancashire instead charges its own average borrowing rate over the preceding financial year, capped at the maximum in the Care Act deferred-payment regulations. That is why the rate is close to uniform, at 4.65% from 1 July 2026, while everything else on the account is not.

The fees are each council recovering its own costs, in its own way. Hampshire describes its first-year charge as the average staff, copying and postage cost plus the actual valuation and Land Registry costs. Lancashire's schedule is a one-off £1,055 plus itemised charges such as £174 per independent valuation. Kent and Surrey spread the cost with a flat annual fee. Hampshire and West Sussex bill it weekly. Devon charges again only at the 50% equity revaluation and the agreement review. Same statutory scheme, five different billing structures.

The closing fee is the least-published figure because it is the last cost the council incurs. Surrey itemises it as £250 for the legal work of removing its charge, with debt-recovery costs on top if the balance is not repaid in full. Lancashire itemises £24. Hampshire folds it into administration fees applied at the end of the agreement. The remaining five councils checked describe the agreement as ending when the person dies and the estate repays, without naming a fee for that step.

The repayment deadline is a local choice too. Devon, West Sussex, Surrey, Hampshire and Birmingham each say the debt is repaid from the estate after death without giving a number of days. Essex says only that the loan is repaid once the home is sold. Kent and Lancashire have chosen to publish a figure, and both chose 90 days.

§2What to do

What to do if the person who died had a Deferred Payment Agreement

  • Ask the council in writing for a redemption statement. The balance is not the care fees alone. It includes any set-up fee that was deferred rather than paid, ongoing charges and compound interest, and at Surrey and Lancashire a closing fee. Hampshire says it provides a redemption statement within 28 days; the other councils checked do not publish a timescale, so ask for one.
  • Find out whether the set-up fee was paid at the start or added to the debt. Kent's rates card says its fees can be deferred if required, and Lancashire's says its £1,055 can be paid by invoice or deferred with interest. Surrey is the opposite, with arrangement fees payable at the outset and not usually part of the deferred debt. A deferred fee has been growing with interest since the agreement began.
  • Ask for the council's deadline rather than assuming one. Only Kent and Lancashire publish 90 days. If the agreement is with any of the other six councils here, the published pages give no number, and the answer has to come from the council itself.
  • Keep evidence that the sale is being progressed. Lancashire's policy says that after the 90 days it may begin legal proceedings if it concludes active steps to repay are not being taken, for example if the property is not on the market. Surrey says debt-recovery costs may be charged in full if the balance is not repaid at the end of the agreement. Dated marketing instructions and offer correspondence are the protection.
  • Budget for the closing charge where one is published. Surrey's £250 legal fee for removing the charge and Lancashire's £24 come out of the estate at the end. Where no figure is published, ask whether one applies before the sale completes, not after.
§3By provider

What eight English councils publish about their deferred payment charges

Each row is taken from the council's own rates page, charging schedule or policy, checked on 6 September 2026. Read the last two columns first, the fee to close and the repayment window after death, because those are the questions an executor is asked and the ones most councils leave unanswered.

Set-up feeAnnual / ongoing feeInterest rate basisRepayment window after death
DevonNo annual fee stated — £21 + valuation fee at the 50% equity revaluation and at the agreement review; £21 per additional statement'Set nationally and reviewed on 1 January and 1 July'; table reads 'As of 01 July 4.65%' (no year printed; page last modified 1 Jul 2026); compoundNot stated — agreement ends when 'you have died and the amount owed is repaid by your estate'; no day-count given
EssexNot stated'Daily compound rate set out by the Office for Budget Responsibility'; 4.65% APR from 1 July 2026Not stated — 'A deferral can last until death'; loan 'repaid once your home is sold'; no death-specific deadline given
West SussexNo annual figure — 'an ongoing weekly charge of £10.80''Annual compound interest'; 'current rate until 31 December 2026 is 4.65%'Not stated — 'repaid out of your estate after your death'; no day-count given
BirminghamNot stated'National maximum interest rate', changes 1 January and 1 July; page still shows 'From 1 January 2026, interest is charged at 4.75%' — not updated for the 1 July 2026 reset as of the check dateNot stated — sibling page (/1126/deferred_payment) says 'You can delay repaying until you choose to sell your home, or until after your death'; no deadline given
LancashireNot stated — the schedule is a one-off fee plus itemised charges (e.g. £174 per independent valuation); the policy says the administration charge is 'subject to an annual review'Policy §13.4: council's 'average borrowing rate over the preceding financial year', capped at the Care Act Regulations maximum; no percentage published (IS-4: 'please contact the Deferred Payments Team')90 days — the amount 'falls due 90 days after you have died' (policy); IS-4, Reviewed April 2026: 'the loan becomes payable 90 days later'. Legal proceedings possible after that if active steps to repay are not being taken
HampshireNo flat annual fee — 'The weekly cost will be £8.75 for most years thereafter'; costs 'reviewed annually''The maximum interest rate as set nationally', applied from 1 January and 1 July per OBR reports; 'as at 1 July 2026 is 4.65% per annum, compounded daily'Not stated — 'If the sale of your home is delayed after your death, interest and administration fees will continue to be applied until your estate can settle the debt'; no day-count given
Kent£340.85 'Annual fee thereafter' (rates PDF, from 6 April 2026)Rates PDF: 'Currently estimated at 4.75%', 'reviewed by the Office for Budget Responsibility twice a year, in January and July', compounded daily. Factsheet PDF (197465): 'the weighted average interest rate on conventional gilts plus 0.15%'Within 90 days — Deferred payment factsheet PDF (197465): 'Automatically when a person dies - the debt needs to be settled by the estate or third party within 90 days'
Surrey£148 'annual administration fee (payable in April each year)'Compound interest at the 'national maximum interest rate', changing 1 January and 1 July to track the OBR gilts rate; no percentage printed — 'will be available on the council's website'Not stated — agreement ends 'when the person dies and the full amount is repaid to the council'; no day-count given

8 checked. Each row is what that provider’s own page says, on the date beside it.

§4Settling an estate

If you are the one settling this

A Deferred Payment Agreement is one debt among several the estate has to settle in the right order, and it is the one whose balance keeps moving until the property sells. The estate debts priority guide in the Valoren library sets out where each kind of debt sits, so this one is dealt with in sequence rather than in a panic.

The blank executor checklist at /resources/blank-executor-checklist is free and gives the whole administration a running order. The redemption statement, the council's deadline and the closing fee each belong on it as dated entries, because the council's own pages will not remind you.

Nothing on this page is a substitute for the council's own current figures. Use it to know which questions to put to them, and to recognise when the answer you are given is one they never published.

§5Common questions

Deferred payments, answered.

No. The set-up fee alone runs from £400 at Devon to £1,844 at Surrey, and the eight councils checked structure their ongoing charges in five different ways.

Kent (£340.85) and Surrey (£148) add a flat annual fee. Hampshire (£8.75) and West Sussex (£10.80) bill weekly instead. Devon charges £21 plus a valuation fee at the 50% equity revaluation and at the agreement review. Lancashire publishes no annual fee; its schedule is a one-off £1,055 plus itemised charges, £174 per independent valuation and £24 to end the agreement. Essex and Birmingham publish a set-up fee and nothing about ongoing charges.

The fee quoted by one council tells you nothing about another. The specific council's own current rates page or charging schedule is the only figure that counts.
Most councils do not say. Of the eight checked, only Kent and Lancashire publish a deadline, and both give 90 days from the death.

Devon, West Sussex, Surrey, Hampshire and Birmingham each say the debt is repaid from the estate after death without naming a number of days. Essex says only that a deferral can last until death and the loan is repaid once the home is sold, which does not fix a date at all.

So an executor dealing with any of the six councils that publish nothing has to ask the council directly for its deadline, in writing, rather than assume 90 days applies everywhere.
Two councils say so in terms. Hampshire states that if the sale of the home is delayed after death, interest and administration fees continue to be applied until the estate can settle the debt. Lancashire's policy says interest continues to accrue after death until the amount due is repaid in full.

Surrey and Kent say interest runs until the debt is repaid, without mentioning death. Devon, Essex, Birmingham and West Sussex do not state what happens to interest after death at all.

Where the council is silent, assume nothing either way and ask in writing. At the two councils that do say, the consequence is plain: every month the sale takes is added to the final bill.
At some councils, and it depends which one. Kent's rates card says its fees can be deferred if required. Lancashire says its £1,055 administrative fee can be paid by invoice or deferred with interest.

Surrey takes the opposite position. Its arrangement fees are payable at the outset and will not usually be part of the deferred debt, and its valuation fees cannot be added to the deferred debt at all.

For an executor this means the set-up figure in the table may not be what the estate now owes. If the fee was deferred, it has been accruing compound interest since the agreement began; if the council is Surrey, it was almost certainly paid at the time and should not appear in the balance.
Nearly, with one outlier and some stale pages. Seven of the eight councils charge the national maximum rate, which resets every 1 January and 1 July. Essex, Hampshire and West Sussex all quote 4.65% from 1 July 2026, and Devon's table reads 4.65% as of 1 July with no year printed.

Birmingham's page still showed the January figure of 4.75% on 6 September 2026 and had not been updated for the July reset. Kent's April 2026 rates card gives an estimate of 4.75%, and the July figure is not published on it. Surrey prints no percentage at all and refers readers to its website.

Lancashire is the outlier. Its policy charges the council's own average borrowing rate over the preceding financial year, capped at the regulatory maximum, and it publishes no percentage. Its rate can therefore sit below every other council's here.
At Lancashire, the deadline is a trigger rather than an automatic penalty. Its policy says that after the 90 days, if the council concludes active steps to repay are not being taken, for example if the property is not on the market, or if it concludes the executor is wilfully obstructing the sale, it may enter legal proceedings to reclaim the amount due.

Kent's factsheet says the debt needs to be settled by the estate or a third party within 90 days but does not say what follows if it is not. Surrey publishes no deadline but says any costs incurred in recovering the debt may be charged in full if it is not repaid at the end of the agreement.

The other five councils publish neither a deadline nor a consequence. That silence is a reason to write to the council early if a sale is taking longer than expected, not a reason to assume there is no time pressure.
§6Related next steps

What usually comes next.

The next three things an executor with a council debt usually needs, in the order they tend to come up.

Informational, not advice. Every fee on this page is dated and several are pegged to a reset. Kent's and Lancashire's charging schedules took effect from 6 April 2026, Surrey's from 1 April 2026, and each is subject to annual review; Kent's rates card warns that its costs are under review and the charge may change during the year. The national maximum interest rate resets on 1 January and 1 July, so the 4.65% figure quoted here is already provisional after 1 January 2027, and Birmingham's page was still showing the previous January's rate on the check date. West Sussex states its rate only until 31 December 2026. Confirm each figure against the specific council's own live rates page, charging schedule PDF or deferred payment policy, not this table, and check the document's own effective date. England only. Deferred Payment Agreements here operate under the Care Act 2014 and its deferred payment regulations, which set the interest ceiling and leave the fee schedule to each council. Eight councils' own published pages and PDFs were checked on 6 September 2026 (Devon, Essex, West Sussex, Birmingham, Lancashire, Hampshire, Kent and Surrey). That is not a list of every English authority. Norfolk was in the original brief and could not be checked, because norfolk.gov.uk returned a bot-verification challenge on every attempt and no archived copy exists; West Sussex was substituted rather than reporting Norfolk from a third party's summary. Scotland, Wales and Northern Ireland run separate schemes not covered here.

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