Tenant Eviction, serving notice before probate (inherited property)

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    Tenant Eviction, serving notice before probate (inherited property)

    Hello,

    My father passed away on the 31st of March under intestacy (without a will). Me, along with my mother and sister inherited his HMO property. We decided to do a deed of variation (which passed the estate solely into my mums name) in June and proceeded to serve a Section 8 on the tenants (due to rent arrears) on the 7th of July. In this time we still hadn't received probate letters and only did so on the 28th of July. I would like to know if we were legally allowed to serve the Section 8 without yet having probate but only having the deed of variation in place. We also served a Section 47/48 informing the tenants that my mother was the new landlord before we served the section 8.

    Thank you
    Micaella Soares

    #2
    It depends what the deed of variation said, I guess.

    Whoever is executor of the will can normally serve notices on behalf of the estate of XXXXX - and that should be valid even after the owner/landlord changed.
    When whoever inherits the property inherited it, they can serve notices on their own behalf (and should have issued notices to the tenants advising of the change of ownership and change of landlord details).

    If notice was served in July, what has happened since?
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      The tenants have made a counterclaim for disrepair and have denied any rent arrears. They have also claimed that we were not legally entitled to deal with my fathers estate without probate.

      Comment


        #4
        I don't think they're right about the probate part, but the arrears are a matter of fact (which you have to prove and then they have to disprove).

        Disrepair is a common tactic with s8 notices.
        Normally, if its possible I'd suggest a s21 notice, which, except for very recent tenancies (since Oct 1) can only be defended on procedural grounds (an error in the notice or failure to protect a tenancy deposit).

        Is it possible to usefully serve an s21 notice, i.e. has the fixed period of the tenancy ended or just about to end?
        Are all the tenants joint tenants or do they have individual contracts for specific parts of the property?
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Thank you for your reply. The tenants are on a periodic tenancy. Along with a section 8 we also served a section 21 but the judge decided to rely on the section 8. The hearing was adjourned, and in the meantime we have fixed all the disrepair at the property. The tenants have individual contracts and we are not evicting every tenant within the property, I am only referring to evicting a couple which reside in one of the rooms. The tenants also deny receivng the section 8 although it was served by the court and we have proof of service.

          Comment


            #6
            Claiming not to receive a notice is really a waste of time - you only have to prove or give evidence that you served it (which you have).
            Provided the notice was served by the executor I don't think that's an issue either.

            One potential issue is that the tenants can simply claim further disrepair, so visit and take photos/video of the entire property so that if they try and claim further disrepair, you have a chance to show that it's not correct.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Originally posted by Micaella View Post
              Hello,

              My father passed away on the 31st of March under intestacy (without a will). .......
              Sorry to hear of your loss.

              Do you have letters of administration from the court?? See
              http://www.lawsociety.org.uk/for-the...ssues/probate/
              f there is no will (known as dying intestate) the process is more complicated. An application for a grant of letters of administration (an official document, issued by the court, which allows administrators to administer the estate) will need to be made.
              If not I suspect any paperwork may be invalid...

              Agree best go with s21: Were any deposits paid ?? If so probably return before serving s21s.

              When did each tenant 1st move in?? If early enought they might not have ASTs..
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                Originally posted by Micaella View Post
                Along with a section 8 we also served a section 21 but the judge decided to rely on the section 8.
                Sorry, but the judge would only have one of them in front of him to make a decision on.
                Do the paperwork for a Sec 21, but you may need a solicitor due to your current position, or wait until the ownership is sorted out.
                Allow tenants to protect their own deposits. I want free money when they do it wrong

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