Deceased landlord/Rental liability

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  • #32033
    R Southall
    Participant

    Hello,

    I’ve had a claim referred to me for further guidance following the death of the landlord.

    HB was initially awarded from April’03 and has remained in continuous payment since this date, standard Tenancy Agreement & Rent Book was provided to support the application, confirming full landlord details etc

    Claimant contacted the office June’09 to advise his landlord had died, HB payments were subsequently reverted to solicitors dealing with his estate. No further contact was received until he again contacted the office 25/8/10 to advise the property wasn’t owned by his deceased landlord. Land Registry has been unable to confirm ownership as the property isn’t registered with them.

    HB has been suspended awaiting clarification regarding the ownership of the property & confirmation of his rental liability, which hasn’t been forthcoming from the solicitor, to date all they’ve confirmed is they are dealing with the estate & the 2 partners in the firm are named as Executors.

    Any assistance would be appreciated, I’m not entirely satisfied he has a rental liability, although the solicitors are pursuing him for rent, however with the absence of title deeds confirming ownership can they legally pursue him for rent?

    #89516
    Nicky
    Participant

    The executors needn’t be the legal owners in order to create a tenancy and rental liability. The fact they are chasing your claimant for rent suggests he has a liability.

    I haven’t had time to flick through the decision but ch/3344/2008 [i:72a9b73d97]may[/i:72a9b73d97] be of help.

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