Claimant is now Landlord Representative

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    We have 3 claimants who are living at an address where the landlord passed away ( the landlord was also resident). In the Will the grandson was nominated executor and landlord during probate
    The Will was disputed and a court has ordered one of the tenants/occupiers to be the “landlords representative”, there is no financial benefit to him and rents are to be collected and used to keep the house in good order until he passes away. At which time the house will revert to the ownership of the recipients of the will.

    The other tenants have provided new tenancies showing the “landlord representative” as landlord – but he can’t issue one to himself?

    Our query would be
    1) can the resident “landlord representative” still claim HB?

    2) Are the tenancy agreements that were issued prior to death still valid?

    3) Do we continue to treat the claims as we did when the original landlord was alive?

    Any advice would be appreciated



    Complex but here are my thoughts:

    1 I cannot see how. I presume the landlord rep will live there rent free until he passes. I doubt any contribution to repairs he makes is “rent”.

    2 I doubt it….contracts end on death and the executor will now be responsible (here as the landlord rep or so it seems). Have the contracts run out? The other tenants cannot just be evicted of course but it is interesting whether the landlord rep could apply for them to be evicted. What if there are no repairs? Who gets the money or is no rent payable?

    3 Just a change in landlord so I dont see any need to change the HB claim. Subject to below.

    It would be helpful if you could get a copy of the Court Order. How could the will be disputed by a tenant? My guess is that the landlord rep put some of the money in to buy the property and was deemed to be a part owner by the Courts. Thus he was never entitled to HB.

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