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: 19 May 2020
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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.

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Chris Bryden
Chris Bryden

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).

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Jurisdiction(s):
United Kingdom
Key definition:
Rent definition
What does Rent mean?

Consideration payable under a lease, the amount of which must be ascertainable with certainty throughout the term (usual via a rent review if not stated in actual figures). Commercial rents are usually paid in advance by equal instalments on the quarter days or other dates specified as rent payment days.

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