`Competent landlord' Landlord and Tenant Act 1954

[Palatine]

This is a long shot, but I'm the Administrator of an estate that includes a commercial property. I want to serve the tenant with a section 25 notice, so as to initiate negotiations for a new lease, but I'm not sure whether or not I am the `competent landlord' for the purposes of the 1954 Act. The property is still registered in the name of the deceased, and as it's to be sold I hadn't bothered registering myself as the owner, though I suppose I may have to if that's necessary for me to serve a valid notice.

I'd have thought it would be easy to discover the legal position, but having spent the last hour or so trying to do so I've given up. Thanks in advance for any responses.

[atticus]

Have Letters of Administration been obtained? If so, then surely as administrator you come within s44 Landlord & Tenant Act 1954.

[Palatine]

Thanks for your response. Yes, I have taken out Letters of Administration as Attorney for the deceased's sister, who lives in the USA and is the sole beneficiary under the Intestacy Rules. However, section 44 states that the landlord is defined as "the owner of the .. [freehold] ... in the property comprised in the relevant tenancy", and it seems to me that my status does not equate to being the `owner' of the freehold.

[atticus]

But are you not administrator of the estate of the freehold owner?

[Palatine]

I am, yes, but as such I'm merely a trustee, not the beneficial owner, and it's the definition of the word "owner" in the LTA that concerns me. I'm surprised there appears to be no authority on the point. In practical terms it may not be of any real importance, but it's annoying that I can't establish the position with any certainty.