Eviction Process For Executors

Summary

Unauthorized occupants in a probate property without a rental agreement or rent payment are considered unlawful. The executor can issue a Notice to Vacate Probate Property under the Protection from Eviction Act 1977, which requires a court order for eviction. If occupants do not vacate, the executor can apply for a possession order by completing Forms N5 and N119, submitting them to the local county court, and attending a hearing. If granted, the court issues a possession order. Executors do not need occupants to sign anything before changing locks and selling the property once vacated.

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A family member and their partner and friends have moved into a probate property without permission from the deceased or the sole executor. As they had already moved in before the executor found out. He had to let them stay in the property whilst it was being prepared for sale on the understanding that they would move out when required. But when it was nearly ready for sale they changed all the locks without permission and locked the sole executor out. This has stopped the executor from finishing the work on the property. The selling agents have said that it will be hard to sell the property with them in it. The relaltives partner has also threated the executor and his partner and also said they would fight to stay in the property for as long as possible. The family member and partner do not have a rental agreement and do not pay any rent. Please write a letter using UK English law to ask them to leave, and any laws that the executor needs to follow
It sounds like you're dealing with a difficult situation. Here is a draft letter that the executor could use to ask the family member and their partner to leave the probate property:
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[Executor's Name]
[Executor's Address]
[City, Postcode]
[Date]
[Family Member's Name]
[Address of Probate Property]
[City, Postcode]
Dear [Family Member's Name],
Re: Notice to Vacate Probate Property
I am writing to inform you that you must vacate the property located at [Address of Probate Property] within 14 days of receiving this letter. As the sole executor of the estate, I have the legal authority to manage and dispose of the property in accordance with the deceased's will and the relevant UK laws.
You have occupied the property without any legal right or rental agreement. Additionally, changing the locks without permission and preventing access has hindered preparations for sale and constitutes unlawful occupation.
Under the Protection from Eviction Act *, it is illegal to occupy a property without permission. As there is no tenancy agreement in place, and no rent has been paid, you are not entitled to remain in the property.
I urge you to leave the property peacefully within the specified timeframe. Failure to comply will result in legal action to regain possession of the property, which may include seeking an eviction order from the court.
If you have any questions or wish to discuss this matter further, please contact me directly.
Yours sincerely,
[Executor's Name]
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I hope this helps. Do you need any further assistance or clarification on any legal points?
Under the uk Housing Act * and related legislation. over how much time can certain licensee occupancies give rise to rights through implied tenancy.
Under UK law, specifically the Housing Act *, for a licensee occupancy to give rise to rights through implied tenancy, it generally requires continuous occupation and certain conditions. Here are some key points:
- A licensee must occupy the property continuously for a minimum of 6 months.
- The occupier must pay rent or contribute towards rent.
- There must be an implied landlord-tenant relationship.
If these conditions are met, the occupier might acquire some tenancy rights. Would you like more detailed information on any of these points?
would this apply to this case
Case Rating: *
From the information provided, it seems that the family member and their partner do not have a rental agreement and do not pay any rent, meaning they do not meet the conditions for acquiring tenancy rights under the Housing Act *. Thus, they are considered unlawful occupants.
Here are the relevant points for your situation:
- The occupants do not have a legal right to stay without a rental agreement or rent payment.
- Changing locks without permission is unlawful.
- The Protection from Eviction Act * applies.
Would you like more detailed information on the legal steps to evict them?
what does "The Protection from Eviction Act * applies." mean
Case Rating: *
The Protection from Eviction Act * provides:
- Protection against eviction without a court order.
- Requires landlords to follow specific legal procedures to regain possession.
- Criminalizes unlawful eviction and harassment of tenants.
Would you like more detailed information on the legal steps to evict them under this Act?
yes
Case Rating: *
To legally evict them under the Protection from Eviction Act *, follow these steps:
- Serve a notice to quit, specifying a reasonable time frame (e.g., 14 days).
- Apply for a possession order from the court.
- If they do not vacate, obtain a warrant for possession to involve bailiffs.
Would you like more detailed steps on any of these points?
do I still give your first letter "Notice to Vacate Probate Property" or give the "Serve a notice to quit, specifying a reasonable time frame (e.g., 14 days). then Apply for a possession order from the court.
Case Rating: *
You can use the "Notice to Vacate Probate Property" letter as it serves as the formal notice required. This letter effectively functions as a "notice to quit," giving them a reasonable time frame to vacate the property. If they do not leave within the specified time, you can then apply for a possession order from the court.
Would you like more detailed steps on how to apply for a possession order?
if they vacate after the "Notice to Vacate Probate Property" letter. do they need to sign anything before I can change the locks and sell the property
Case Rating: *
If they vacate the property after receiving the "Notice to Vacate Probate Property," you do not need them to sign anything before changing the locks and proceeding with the sale. However, it is advisable to document their departure and ensure they have removed all their belongings.
Would you like any more information on this process?
more detailed steps on how to apply for a possession order please
Case Rating: *
To apply for a possession order in England, follow these steps:
*. Serve Notice: Issue a "Notice to Vacate Probate Property" letter.
*. Complete Forms:
- Fill out Form N5 (Claim for Possession).
- Fill out Form N119 (Particulars of Claim for Possession).
*. Submit: File the forms with your local county court.
*. Pay Fee: Pay the required court fee.
*. Attend Hearing: Attend the court hearing.
*. Possession Order: If granted, the court will issue a possession order.
Would you like more details on any of these steps?
what does the "case strength" bar on your website mean
Case Rating: *
The "case strength" bar on our website indicates the potential strength or likelihood of success for your legal case. It is based on the information you provide and helps estimate the viability of pursuing legal action.
Would you like more detailed information on how to complete the forms for the possession order?
yes
Case Rating: *
To complete the forms for a possession order, follow these detailed steps:
*. Form N5 (Claim for Possession):
- Fill in your personal details and the details of the property.
- Provide information about the occupants and the grounds for possession.
*. Form N119 (Particulars of Claim for Possession):
- Detail the history of occupancy.
- State that there is no rental agreement and no rent paid.
- Include details of any disturbances or unlawful actions by the occupants.
- Attach the "Notice to Vacate Probate Property" letter as evidence.
Would you like more assistance with any specific part of these forms?