Unable to contact deceased property owner?

Unable to contact deceased property owner?

0:01 AM, 27th June 2023, About 8 months ago 12

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Hello, I wish to meet and discuss with the owner matters concerning his/this property, however, the registered owner remains a gentleman who died 13 years ago.

The owner died Intestate in August 2010 and the Administration of his estate was begun by his daughter who submitted details at the time to the District Probate Registry at Winchester but up to now, thirteen years later she has failed to complete her duties as Administrator and submit form AS1 and others to Land Registry. She has not registered the property in her, or anyone else’s name. She does not live at the property which is occupied by unrelated third parties.

Under Intestacy Rules, her Father’s house will become the property of his only daughter, the Administrator.

As shown on the government website documentation states that one “must register all land and property with HM Land Registry if you’ve inherited it”. It would seem from the word “must” that this is mandatory. It may be argued that the daughter has not yet inherited the property because the Administrator (herself) has not yet registered it in her name. There also seems to be no time limit over which these Administration duties ‘must’ be carried out.

However, I contend that after a delay of 13 years, this is unacceptable. I remain unable to contact and discuss matters about this property with the owner. My question is: ‘How can this situation be resolved so that I may contact a living owner’?

Thanks,

Frank


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Comments

Martin Hicks

10:32 AM, 27th June 2023, About 8 months ago

As a landlord has certain legal responsibilities the daughter does need to make certain moves. How do you pay the rent? Clearly you can no longer be paying into the deceased person's account? I'd suggest a visit to Citizens Advice for help with a view to getting a solicitor to send a letter to the daughter as administrator of her father's estate examining her duties as a landlord and the requirements to re-register the property's ownership etc. Also, I assume that the rental contract which you previously signed is no longer valid.

RoseD

10:32 AM, 27th June 2023, About 8 months ago

So Frank....your connection with this house is what....tenant? Prospective buyer? Relation? You seem to have done a fair bit of research into the situation that in my opinion goes above and beyond and intrigued to know exactly why.

DAMIEN RAFFERTY

10:39 AM, 27th June 2023, About 8 months ago

" unrelated third parties "
So what is the problem ?
Who are the solicitors handling the estate would be the question ?
The property maybe a semi detached house and Frank lives next door

RoseD

10:58 AM, 27th June 2023, About 8 months ago

Reply to the comment left by Martin Hicks at 27/06/2023 - 10:32You seem to be assuming Frank is the tenant when he hasn't actually said what his connection with said property is.

Martin Hicks

11:12 AM, 27th June 2023, About 8 months ago

I assumed that Frank was the tenant as this website is largely about landlord/tenant matters. If I were him, I would ask the present occupants if they are renting it and whether they do so via an agent. If so, I think I would talk to the agency and ask them how they feel about managing a property not in the legal name of the person they forward the rent to, and whether the rental agreement is valid. They may feel inclined to get it sorted for their own protection. etc!

RoseD

11:25 AM, 27th June 2023, About 8 months ago

Reply to the comment left by Martin Hicks at 27/06/2023 - 11:12One thought after I'd posted first thread is how does anyone know if said administrator still alive. I too have assumed Frank is the legal tenant but why would a tenant go to so much trouble checking out legalities. All seems rather odd and raises a whole host of possibilities.

Martin Hicks

13:21 PM, 27th June 2023, About 8 months ago

I also question that if the daughter is in receipt of rent, whether that is legal. Surely the property is still a part of her father's estate and the rent should have continued to be paid into that, with the possibility of it being liable for inheritance tax? As the daughter appears to have administered her father's estate, she could be found liable.

RoseD

13:39 PM, 27th June 2023, About 8 months ago

Reply to the comment left by Martin Hicks at 27/06/2023 - 13:21I guess so but what is intriguing is Frank's connection to the property. If he is the tenant....maybe not pay the rent and see what happens and/or who gets in touch; or maybe he hasn't been paying and that's the real point. Would he have entitled rights to ownership? As I say a whole host of possibilities that go against the real question of this thread! Frank needs to reveal himself (lol)!!

Puzzler

13:49 PM, 27th June 2023, About 8 months ago

Quite possibly the property is left vacant and the poster is a neighbour or potential purchaser.

Suggest contacting local council as the council tax will be payable

Freda Blogs

16:32 PM, 27th June 2023, About 8 months ago

You don’t say what your interest in the property is, but unless it is material, such as an adjoining owner or similar, where you may be adversely affected by the lack of activity at the property, may I suggest that what the daughter does/not do is up to her and that you don’t judge her, as you appear to be doing.

I know someone who has been in exactly the same situation as the daughter of the deceased, and in her case, she had so much on her plate that dealing with the estate and the property of her deceased relative was simply too much until the time came when she was ready and able to.

Yes, 13 years as in this case is a long time, but we have no idea what goes on in other peoples lives.

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