Acting as a personal representative (“PR”) will at the best of times be a demanding task. That is particularly so where the deceased owns or has interests in properties which are subject to tenancies and or occupation contracts (as residential tenancies and licences are now called in Wales).
Following a recent case in which I represented an executrix in an action against a tenant of a property forming part of the deceased’s estate, the distinct difficulties of the crossover between the administration of estates and issues of landlord and tenant were highlighted to me.
The issues in each case will depend on the particular facts, given the myriad of ways property can be held, leased, and then passed through wills or the under the rules of intestacy.  There are however some common factors w...