Can executor serve notice to quit rented property prior to Probate?

outsomnia

New Member
Messages
4
Hello,

I am new here so please bear with me!

I am the executor of an estate where a property (currently rented) is to be sold and proceeds distributed to various beneficiaries. I served notice on the tenants before Probate was granted. The notice period is now up and I am about to open a dispute with RTB for overholding. Probate was granted one month after the notice was served.

I am worried that the notice is invalid since I served it as executor prior to Probate being granted.

Can anyone tell me if this might be true! If so I will probably have to start the notice period all over again.... oh dear.

Am looking for a bit of advice about the powers of an executor in these circumstances, or if anyone else was in a similar position.

many thanks.
 

Thirsty

Frequent Poster
Messages
1,970
As an executor you 'stand in the shoes' of the deceased.

So anything the late landlord was entitled to do, you are entitled to do.

The notice to quit is independent of the Grant of Probate; so as long as the notice period, wording etc was all correct, then it will be valid.

Edit to add: IANAL the above is from my experience as both executor and landlord.
 

outsomnia

New Member
Messages
4
Thank you Thirsty, appreciate it.

I will update the thread if there are any issues with RTB about this. But hopefully there won't be, fingers crossed.
 
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