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Deed holder vs Occupier

  • 05-09-2017 1:28am
    #1
    Banned (with Prison Access) Posts: 21


    If a house is in probate and there are tenants living in it, who has a stronger claim, the tenants or the deed holder?


Comments

  • Registered Users, Registered Users 2 Posts: 27,005 ✭✭✭✭Peregrinus


    A stronger claim to what?

    In principle, the tenancy continues. The Executor steps into the shoes of the deceased as landlord, and can exercise whatever rights the deceased could have exercised, if he were still alive. So, if the deceased could have given notice to terminate, or to review the rent, or whatever, or could have launched proceedings in respect of unpaid rent, the executor can do that now.


  • Banned (with Prison Access) Posts: 21 Count Marcula


    What if the deceased died without a will. Can the beneficiary stand in and act as landlord?


  • Registered Users, Registered Users 2 Posts: 27,005 ✭✭✭✭Peregrinus


    What if the deceased died without a will. Can the beneficiary stand in and act as landlord?
    Nope, not until they have taken out a grand of administration and had themselves appointed to administer the estate.


  • Banned (with Prison Access) Posts: 21 Count Marcula


    Thats great. Thank you.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    If a house is in probate and there are tenants living in it, who has a stronger claim, the tenants or the deed holder?

    Mod note:

    OP banned for ignoring moderator instruction.

    Please do not open any new threads in this forum.


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