How Can an Executor Obtain Possession of a Property
If the executor of a deceased Landlords estate has tenants in a property, then this may be a tricky situation. It is recommended to obtain grant of Probate or otherwise a certified copy of the will. These documents will illustrate their right to obtain possession of the Property on the Landlord’s behalf.
Once either of these documents have been obtained, they can then instruct a firm of solicitors to draft a notice and issue court proceedings (if required) entitling them to possession of the Property.
If the tenant is in rent arrears, then a money judgment can also be claimed for the outstanding rent, interest and costs. The costs and the money judgement would be enforceable against the tenant.
Where an executor of an estate is looking to evict a tenant, please be aware that it may take time to obtain the relevant documents necessary to ensure a valid notice can be served. To ensure all necessary documents are obtained to ensure the legal process can be completed swiftly, it may be advisable to instruct specialist legal support.
This content was exclusively prepared in collaboration with The Lettings Hub by Sharfaa Kerkache of award-winning Woodstock Legal Services.
Woodstock Legal Services are specialists in legal advice and solutions for the Private Rental Sector.
Talk to us if you have any queries about a managing a property on behalf of an executor.
