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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14076
Experience:  I have been practising for 30 years.
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My ex partner passed away leaving his estate in intestacy.

Customer Question

My ex partner passed away leaving his estate in intestacy. My 11 year old daugther is his next of kin and will inherit his estate.
I have an issue, as he owns a property, that he was renting to a friend, who is still in the house. There is no formal arrangement in place. She has not paid any rent for several months.
I need to get access to the property in order to get this valued and subsequently sold.
He did give her notice by text 2 months before he died.
I am looking for advise how to deal with this.
Submitted: 11 days ago.
Category: Law
Expert:  F E Smith replied 11 days ago.

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

there are no other siblings or family members?

was this his home?

and there is no tenancy agreements at all?

what did the text say do you know?

Customer: replied 11 days ago.
his parents and brother are still alive.
This was his home but he has not lived in it for some time. He was in a new relationship which had broken down.
It was a verbal agreement, and he gave two months notice by text as his current relationship had ended and he planned to move back into his house.
He subsequently died and no further communication has been made with the lady living there.
Customer: replied 11 days ago.
His parents and brother are still alive.
This was his home but he has not lived in it for some time. He was in a new relationship which had broken down.
It was a verbal agreement, and he gave two months notice by text as his current relationship had ended and he planned to move back into his house.
He subsequently died and no further communication has been made with the lady living there.
Customer: replied 11 days ago.
His parents and brother are still alive. This was his home but he has not lived in it for some time. He was in a new relationship which had broken down. It was a verbal agreement, and he gave two months notice by text as his current relationship had ended and he planned to move back into his house. He subsequently died and no further communication has been made with the lady living there.
Expert:  F E Smith replied 11 days ago.

Thank you. I assume that you were not married.

Someone has to apply for Letters of Administration and if your daughter had been 18 years of age, that would be her and you or his parents would need to do it on his behalf. You may find the Probate registry will not accept you because you are not a relative and actually have no more right to apply for letters of administration that the man across the street.

 

Once you have that, you are then in a position firstly to pursue the tenant for the outstanding rent and secondly to give notice to quit and if they don’t leave, pursue the matter to court.

 

It appears that the notice has already expired and therefore it’s simply a case of making the application to the Probate Registry for Letters of the Administration and then issuing the proceedings for possession order in the County Court and pursuing separately for the rent arrears.

 

However if the two months notice was by text, it is not valid. It has to be in writing in a particular format under section 8 of section 21 of the Housing Act.

However if he was living with the person than he is a residential landlord and the text notice would be valid but he could just have locked the person out when the notice expired but it would depend whether he was living in the same property or not.

You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.

You may find that works if there has been no further communication with the lady tenant.

 

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

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Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES