Eviction problems with form N5B

sheramber

What does the 3rd party intend to do with the house?

_Penny_Dreadful

https://forums.moneysavingexpert.com/discussion/comment/81980527#Comment_81980527

I’m not suggesting anyone “wants to be landlords,” I’m trying to understand what legal route actually matches your situation.

When you say “the will creates a PDIT to a third party so possession is needed so they can take possession”, that could mean either:
• the beneficiary is meant to live there (occupation), or
• the beneficiary is meant to receive income (rent) while trustees keep it let.

Those are very different. A PDIT does not automatically mean the property must be vacated, it depends on what the will/trust actually grants (occupation vs income). So please clarify:
(a) Is the “third party” the PDIT beneficiary (life tenant), or someone else?
(b) Does the will give them a right to occupy as a home, or only a right to income?

If it’s income-only, tenants remaining doesn’t necessarily prevent the trust operating.

This is the wording from the Renters Rights Act 2025.

For Ground 1 —

(a)the landlord;

(b)the landlord’s spouse or civil partner or a person with whom the landlord lives as if they were married or in a civil partnership;

(c)the landlord’s—

(i)parent;

(ii)grandparent;

(iii)sibling;

(iv)child;

(v)grandchild;

(d) a child or grandchild of a person mentioned in paragraph (b).

A relationship of the half-blood is to be treated as a relationship of the whole blood.In the case of joint landlords seeking possession, references to “the landlord” in this ground are to be read as references to at least one of those joint landlords.

When calculating whether the current tenancy began at least 1 year before the relevant date, both—

(a)the day when the current tenancy began, and

(b)the relevant date,must be included in the calculation.”

The relevant “family” is tied to who the landlord is in law at the time of the notice/claim (often the personal representatives/trustees during administration), not simply the deceased owner’s extended family by default. 

Whilst you remain landlord pending the trust/admin being sorted, you don’t have to keep rent artificially low forever, there are lawful routes to increase the rent now and after 1st May. Increasing the rent to the market rate could encourage the tenants to move of their own accord or push the tenant into arrears which will open up other grounds for a section 8.

se2020

https://forums.moneysavingexpert.com/discussion/comment/81980864#Comment_81980864

Thanks!

The will gives the life tenant all rights over the property. They can live in it, rent it out or sell it (providing sale proceeds are retained for the eventually beneficiaries)

Nobody involved wants or needs a rental income and, more urgently, nobody wants the responsibility of being a landlord.

The current plan is to get the property empty then do some refurbishment works. These involve the access and the car parking so the property would be uninhabitable (or at least inaccessible) for a period of time.

After that the intention is to use it as a holiday cottage type thing, mainly for visiting family but possibly air b&b. It will be sold if that doesn't work out or get used very often.

I (the executor) do have a family member that would be able to move in before any works are started if required.

monkey-fingers

First things first then, and you only have today to do it, S13. Immediately. Market rate. It becomes a little more difficult after today, because they can challenge it, which they can do today, but the difference being is that they don't have to pay the extra until it's been through tribunal.

If nothing else, it means you'll be getting the proper value for the property. Chances are, the tenants can't afford it and they'll move out.