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Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

Death of landlord

14 Mar 2021 | 1 comment

Landlord died last august and a s21 abs a8 were issued in their name after the death, can thee she relied upon? Or should  a s48 have been done prior? The new LL is the son of the deceased

Answer

1 Comment

  1. guildy

    We don’t think that the name can be right at the time of service. The tenancy doesn’t end on death of landlord and instead passes to the estate.

    As such it should have been in the name of whoever was deemed the “landlord” at the time of serving (and yes, a section 48 should be served first).

    Please see this article for a brief overview.

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