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WHO'S TITLE FOR BREACH OF CONTRACT?
georgiasnan
Posts: 6 Forumite
I had power of attorney (POA) for my husbands late mother. I was listed as POA for her property and rental agreement. She has now died and the property title has passed to my husband and my son. A new rental agreement was drawn up in their names. The ongoing tenant has refused to sign and has left the property in breach of contract leaving a debt of £1800. The new landlords, my husband and son, want to take the claim to the small claims court. Who should pursue the claim, myself in my name as POA to my late mother-in-laws estate (who was the previous landlord of the property) or my son and husband as the new landlords?
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Comments
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POA ceases on death so you have no input unless you are also executor of your MILs estate.
What was the contract the tenant had at the point of death of your MIL?
Also what is the time line of events?1 -
If title has been transferred to the beneficiaries then the current landlords are your husband and son, and they should be pursuing any action.If it hasn't yet been transferred then it should be in the name of "Executors of Mrs x".As above, the POA ceased to be of any relevance on death.2
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POA has ended. You have no input.Who is/was the Executer of the Estate?Has Probate been granted and the Estate been wound up?Has the property been transferred into the names of your husband and son?When ownership changed, did the new owner(s) (whether Executer or husband/son) comply with the Landlord & Tenant Act 1985 S3 and write informing the tenant of the change of landlord? Failure is a criminal offnece.What were the terms of the tenancy? Fixed Term? Periodic? Exact dates please?Did the tenant give any notice? Exact dates?A person who is the new landlord under a tenancy falling within subsection (1) and who fails, without reasonable excuse to give the notice required by that subsection, commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
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Thanks for your answers everyone, the answer is obviously my husband and my son who pursue the claim.0
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