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Category: Law
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My tenant has deceased and has rent arrears. Can I put a

Customer Question

My tenant has deceased and has rent arrears. Can I put a request to the court to claim from his estate. We do not know if he has a will or executor.
JA: Where are you? It matters because laws vary by location.
Customer: Uk
JA: What steps have you taken so far?
Customer: Served a notice to request possession of property back
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 14 days ago.
Category: Law
Expert:  frantzgregory replied 14 days ago.

Hello, thank you for contacting JustAnswer. I will be assisting you with your question  I appreciate that it is important that you find the appropriate answer as soon as possible.
Please note that my support on this site is for general information only and there is no intention to create a legal relationship. I will do my best to answer your question in the best possible way, I would kindly ask that you give me a moment to review your question and I will revert to you as soon as possible.

Customer: replied 14 days ago.
Ok Thankyou
Expert:  frantzgregory replied 14 days ago.

Do you know if your tenant had a will? Any claim is made to the executor of the will and not the court

Customer: replied 14 days ago.
We do not know if anyone is an executor
Customer: replied 14 days ago.
We have been informed by shelter that a request can be made to the court to pause the estate so that any debts can be paid off first ?
Expert:  frantzgregory replied 14 days ago.

You cannot make a claim to the court.

Expert:  frantzgregory replied 14 days ago.

Do you know whether he has family members

Customer: replied 14 days ago.
he has family members
Customer: replied 14 days ago.
His two daughters are currently living in the house and we have served a possession order on them
Expert:  frantzgregory replied 14 days ago.

And have you spoken to the family members to determine if there was a will or did he die without a will

Customer: replied 14 days ago.
They say they have no dealing with their dads estate
Expert:  frantzgregory replied 14 days ago.

That's no my question

Customer: replied 14 days ago.
They said they do not know of any will
Customer: replied 14 days ago.
have spoken to them they do not know if any will !
Expert:  frantzgregory replied 14 days ago.

If he died without a will then an application should be made to probate for an administrator to admiinister the estate.

Customer: replied 14 days ago.
How do we do that ? Is there a specific application form to complete
Expert:  frantzgregory replied 14 days ago.

It is the family members that do this not you.

Expert:  frantzgregory replied 14 days ago.

Once an administrator has been appointed then you make your claim with them.

Customer: replied 14 days ago.
How do we put a claim to the administrator by letter / specific form ?
Expert:  frantzgregory replied 14 days ago.

The usual letter of claim

Customer: replied 14 days ago.
Ok thanks for now
Customer: replied 14 days ago.
If I have further questions I will write again
Expert:  frantzgregory replied 13 days ago.

Sure

Customer: replied 13 days ago.
Hi
Expert:  frantzgregory replied 12 days ago.

Your welcome