Q&As

A deceased landlord (L) previously entered into a verbal tenancy with a tenant (T), allowing T to stay at the property indefinitely. T sublet the property to ST without L's knowledge or consent and L's executors now wish to recover possession of the property. Who should any notices be served on and possession proceedings be brought against?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk

Published on: 21 February 2025

Where a deceased person had a claim but can no longer personally pursue it as a result of their death, their executors (or administrators after a grant of letters of administration) can bring proceedings in that capacity without adding as parties any of the beneficiaries of the Estate (CPR 19.10). Therefore, a claim that could previously have been brought by the deceased (or, where they lacked capacity, on their behalf) can still be maintained after their death.

The first consideration will be the nature of the verbal tenancy agreement. If the agreement relates to residential property and was for a rent, it

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Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).