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Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 35054
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Can you tell me if I can give notice to a tenant before

Customer Question

Can you tell me if I can give notice to a tenant before probate is complete. I am the executor of a will.
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I will do my best to help you but I need some further information first

Could you explain a little more about the situation please

Customer: replied 1 year ago.
My uncle had a lodger without a tenancy agreement.
My uncle left all his estate in shares and so as part of his estate his house will need to be sold.
The lodger has already defaulted on his first months rent and is refusing to answer the door or take our calls.
I would like to issue ab S21 as soon as possible.
Hope this helps.
Expert:  Clare replied 1 year ago.

How close are you to applying for Probate?

Customer: replied 1 year ago.
I applied for probate a few weeks ago but I have only just located the original will which they have asked for. I sent it to them recorded delivery on Friday last week.
Expert:  Clare replied 1 year ago.

Technically you have no legal right to take action until Probate is granted and since probate will be granted within the next two weeks

I would wait as it will give the tenant one less excuse to try and use.

Having said that a lodger is not entitled to exclusive occupation of the property so you can in fact enter the property whenever you wish - changing the locks if necessary provided you also give him a key.

You will of course be able to sue him for the backdated rent

I hope that this is of assistance - please ask if you need further details