Q&As

The cohabitee of a deceased property owner has moved out of the home they shared. She has removed all her belongings and cancelled direct debits for utilities and rent. The property was in the shared ownership of the deceased and a housing association. Are the deceased’s executors entitled to take possession of the property or might it be an offence under the Protection from Eviction Act? The cohabitee currently resides in other premises under an assured shorthold tenancy but states that she wishes to return to the deceased’s property at some unspecified date.

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 19/05/2020

The following Property Disputes Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • The cohabitee of a deceased property owner has moved out of the home they shared. She has removed all her belongings and cancelled direct debits for utilities and rent. The property was in the shared ownership of the deceased and a housing association. Are the deceased’s executors entitled to take possession of the property or might it be an offence under the Protection from Eviction Act? The cohabitee currently resides in other premises under an assured shorthold tenancy but states that she wishes to return to the deceased’s property at some unspecified date.

The cohabitee of a deceased property owner has moved out of the home they shared. She has removed all her belongings and cancelled direct debits for utilities and rent. The property was in the shared ownership of the deceased and a housing association. Are the deceased’s executors entitled to take possession of the property or might it be an offence under the Protection from Eviction Act? The cohabitee currently resides in other premises under an assured shorthold tenancy but states that she wishes to return to the deceased’s property at some unspecified date.

Following the death of a person, their interest in real estate devolves onto their personal representatives (PRs) (section 1 of the Administration of Estates Act 1925). Where there is a Will, the executors will be the PRs. This means that the executors can act in respect of the property as if they were the registered owners, and it is usual for the title to be updated to reflect that legal ownership of the property is vested in the personal representatives of the estate.

The cohabitee is likely to have occupied the property under the terms of a personal licence from the deceased (albeit granted informally). Any right that they

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