Q&As

When attempting to obtain possession of residential property on death of a tenant (who has died intestate), a notice to quit has been served on The Personal Representatives’ and a copy to the Public Trustee. On issue of an N5/N119, who is to be the named as defendant?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 24/10/2019

The following Property Disputes Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • When attempting to obtain possession of residential property on death of a tenant (who has died intestate), a notice to quit has been served on The Personal Representatives’ and a copy to the Public Trustee. On issue of an N5/N119, who is to be the named as defendant?

When attempting to obtain possession of residential property on death of a tenant (who has died intestate), a notice to quit has been served on The Personal Representatives’ and a copy to the Public Trustee. On issue of an N5/N119, who is to be the named as defendant?

Section 9(1) of the Administration of Estates Act 1925 provides:

‘Where a person dies intestate, his real and personal estate shall vest in the Public Trustee until the grant of administration.’

Section 18(1) of the Law of Property (Miscellaneous Provisions) Act 1994 makes provision as to who notices need to be served on in the case of a tenant who has died:

‘A notice affecting land which would have been authorised or required to be served on a person but for his death shall be sufficiently served before a grant of representation has been filed if—

(a) it is addressed to “The Personal Representatives of” the deceased (naming him) and left at or sent by post to his last known place of residence or business in the United Kingdom, and

(b) a copy of it, similarly addressed, is served on the Public Trustee.’

CPR 19.8 makes provision for claims involving persons who are deceased. CPR 19.8(2) sets out who a claim should be issued against in circumstances where a defendant against whom the claim could have been brought has died:

‘Where a defendant

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