Wording of Notice of Eviction for Excluded Tenancy

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    Wording of Notice of Eviction for Excluded Tenancy

    My Aunt recently died. She rented out rooms in her home to lodgers who are still there. My mum will when probate issued take over the property. We want to evict the lodgers. When and how can should do this? Can we do before probate is issued?
    They have no tenacy agreement and I understand they are excluded tenancy. I was thinking of giving them 28 days once the probate is issued. Is this correct or should we do it now? We wont be living in the property but selling it on.

    Many thanks

    #2
    If your Aunt was resident at the property then they were lodgers and have no security of tenure. It is important that you don't now create oral tenancies with them by accepting rent for the time being.

    Best to ask them to leave asap. You don't have to wait wait for probate which could take weeks, dependent upon any Will or value of her Estate.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      I agree with Paul_f.

      DO NOT seek any rent, because without a resident landlord, that will create an assured shorthold tenancy and eviction will only be possible through the court system, and you'd have at least 6 months to wait.

      The normal 'notice' considered reasonable is 1 x rent period or 30 days (whichever is longer) where the lodger has not done anything to warrant being evicted.

      Comment


        #4
        Unsure of precise legal niceties, but IME Aunt's estate cannot be distributed (property re-assigned) until after Probate is granted. Until then the Executor, or family member acting as Executor deals with Estate as deceased's rep in her name. So if money is due from rents etc, that can still be collected and treated as Aunt's Estate income for tax etc. The Executor should give Ts 30? days Notice asap and take utility meter readings and carry out the final inspection.
        Even if rent is not taken, Lodgers should pay reasonable share of bills, which is not classed as rent. It may be advisable for Executor to allow a family member to live in Aunt's portion rent free pro temp to 'keep an eye on the place'
        Or why not offer a refund of 1 month rent if lodgers leave within 7 days and have been considerate?

        Comment


          #5
          Thank you for your advice especially about not accepting rent (which we've not done) or creating oral tenancies.
          My aunt did not leave a will but we've gone for letters of administration.
          I was thinking though until you had rights to administer the estate any letter to terminate the occupancy would be invalid. These will be with us next week.

          Comment


            #6
            Wording of Notice of Eviction for Excluded Tenancy

            My aunt died recently who had lodgers. I was think this for the suggested text.

            Your advice on the wording would be helpful.

            Name
            Address

            30th June 2012

            Dear Mr,

            Re: 31 Days Notice to Terminate Occupancy of Address of House as of 30th June 2011.

            I am writing to inform you that I: (name of administrator) have been appointed by the High Courts of Justice as the Administrator of my late sisters (name) estate. I now have the legal authority to dispose of the estate as I see fit.

            As the administrator of the estate I am writing to inform you that I am terminating all rented occupancy of address of property as of the date of my sister’s death 4th May 2012. We are not seeking or accepting any rent for the period you have occupied the property since my sister’s death.


            In accordance with the law I am now seeking to lawfully evict the lodgers who reside there. I am therefore giving you a reasonable time period in which to terminate your occupancy of the aforementioned property. As someone who rented a room in the home of my late sister: name of deceased (who also resided at the property before until her death), you are determined having an excluded tenancy as defined by the provisions of Section 3A(2) Protection from Eviction Act 1977. This is due to renting a room in my sister’s home and with your sharing of common facilities with her, namely: the bathroom and kitchen.

            I am writing to terminate your occupancy of Address of property and herewith give you 31days notice of the termination of your occupancy from the date of this document: thirtieth day of June 2012 (30th June 2012) and to seek possession of your room. If you have not vacated your room and taken your belongings and effects by the end of the notice period, namely the 1st August 2012, I must inform you that you will be evicted from the property. The property will be secured against any further access by you and your personal belongings will be removed from address and placed in front of the property for you to collect.


            I will be happy to provide references in order for you to obtain new accommodation. I do wish you the very best in the future.


            Yours sincerely

            Comment


              #7
              Two related threads have been merged.
              I also post as Mars_Mug when not moderating

              Comment


                #8
                You need to take legal advice rather than ask on the forum as your aunt's solicitor should have all the relevant information and documentation.
                The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                Comment

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