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Inherited property with tenant, interim payment, breaking the law of intestacy

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  • Inherited property with tenant, interim payment, breaking the law of intestacy

    Dear Members,

    We inherited property with a private rented tenant. The tenant paid below the rental value for the property, The estate paid for the tenants council tax, The tenant refused the housing offer from the council and took their advice to force us to go legal.
    Should the rent have been increased to match the rental value?
    Should the tenant be liable for the council tax?
    What type of sale is best for the property in terms of being cost effective and less time consuming: "tenant in situ" or without the tenant in the property? (Considering eviction process and costs, cleaning and decorating the property, estate and solicitor fees, selling the property on the market etc ...)
    Can the administrator be liable for financial losses?

    Most of the assets have been collected with only the eviction of the tenant and house sale remaining. I believe there's plenty of funds for future liabilities with residue.
    I requested for an interim payment from the administrator but it was rejected because of personal preference.
    Can I use the online small claims court to see if I can get an interim payment?

    Most alarming of all my concerns, the administrator expressed their intention to break the law of intestacy by taking a sum of money from my share of the inheritance, without my permission, once the estate has been finalised. I believe this might have already happened & the real reason my interim payment was refused.
    I requested the administrator to disclose bank statements for the estate however this was also refused.
    There are 3 of us; I'm the only one who does not have access to the estate bank account information.
    Is there any advice regarding this?

    Thank you in advance for anyone who can answer my questions and provide advice regarding the above matters.


    Tags: None

  • #2
    Your post leaves me confused about the situation and the legal roles of all the people you mention but as a general comment I'll just say that whatever rights the deceased had are now held by the Estate whoever is the legal personal representative(s) of the deceased (ie Executors if there was a Will, Administrators if the deceased died intestate without a Will). So if the deceased could have increased the rent so can the personal representative(s).

    The lease defines who pays the council tax. Usually the tenant pays it but there's no law that requires that. If the landlord agrees to pay it that's something they can include in the lease.

    I have no idea what you mean by "the administrator expressed their intention to break the law of intestacy by taking a sum of money from my share of the inheritance, without my permission, once the estate has been finalised. I believe this might have already happened & the real reason my interim payment was refused". You will need to explain if you want advice on it.

    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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