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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19442
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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can an executor be the landlord? Who else could be the

Resolved Question:

can an executor be the landlord?

Who else could be the landlord?

If he sold six properties would his status be in any doubt?
Submitted: 10 months ago.
Category: UK Property Law
Expert:  Stuart J replied 10 months ago.
Can we have the full background details please? Thank you
Customer: replied 10 months ago.

He was a deputy, his client died, then became an executor with another member of his firm. Sold properties in order to wind up the estate. He now issuing out notices i.e s21 signing himself as landlord.

Expert:  Stuart J replied 10 months ago.




Another name for an executor is a
personal representative. The executors are the personal representatives of the
deceased and act as though they are the deceased although they can only use
money and act in what is the best interest of the beneficiaries, collectively.
There is no problem therefore with the executor signing himself as landlord and
dealing with the properties as though he is the deceased, and that will include
giving out section 8 or section 21 notices, selling the properties etc.

Although he doesn't necessarily
have to sell the properties, the cost of a solicitor administering the rentals
coming in is going to probably be more than the rentals because the solicitor
will be charging £200 per hour and it is simply not a viable proposition.



The executor is the correct
person to deal with this and the correct person to give any notice is out.



 



I can think of no reason why his
status would be in doubt whether he saw one property, six properties or all the
properties, provided he accounts for all the money and it is done in the best
interest of the beneficiaries.



Just because the beneficiaries
may want the odd property, they would need to agreed between them exactly what
is happening if they don't want them sold. If they cannot agree, the remedy is
that they simply get sold and the beneficiary that wants the property being
sold would have to buy it on the open market



 



 



Although it is probably not what you want
to hear, does it answer the question? Can I assist further?



 

Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19442
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 4 other UK Property Law Specialists are ready to help you

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