Unfortunately, we can at times find ourselves in the difficult situation where a loved one has passed and left us to deal with their affairs, which could result in the sale of any property they own.
If a property is occupied by tenants, the tenancy will continue on the death of a landlord. In such situations we recommend Executors, or the Personal Representatives appoint solicitors to assist them in obtaining possession.
- What do solicitors require from me as an Executor?
Executors should provide their solicitors with a grant of probate or letters of administration if the landlord died intestate.
2. In whose name is the claim issued?
When acting for Executors of the Deceased’s estate the correct name to issue proceedings in is in the [Name of the Executors] the Executors of [Name of the Deceased] the Deceased’s Estate.
The same format should be adopted in respect of any notice, be it s8 or s21 where the executor is serving notice on the tenants.
3. Can Executors evict Tenants using Section 8 and 21 Notices?
The good news for executors is that where the tenant has not paid rent or breached the tenancy, they can rely on these grounds to serve a Section 8 notice on the tenant and thereafter issue proceedings.
In terms of Section 21 this may be a bit tricky where Landlords have managed properties themselves, but where they are managed by managing agents, it is easier to solicitors to obtain the necessary information regarding compliance with de-regulation act 2015 if necessary and the tenant fee ban 2019 and therefore draft and serve a section 21 notice on the tenants.
If you have any queries regarding the above, please do not hesitate to contact Woodstock Legal Services on email@example.com.
by Sharfaa Kerkache