ChatterBank1 min ago
Commercial tennancy jeweller safe opening question
Tennant deceased possibly intestate. Rent not paid in the two years since and no contact from next of kin beyond informing of the death. They have not even retained a solicitor.
Landlord expects to get a lien on the chattels to cover rent and expenses. This is a jewellers shop with lots of stock. He has access to the shop and one safe but not a second safe.
Does he need legal permission to have the second safe opened? would a lien be enough as he has to inventory everything?
It may be that the goods on display and in the first safe cover costs but stock cannot just be left in the second safe indefinitely.
There are items left for repair that rightfully belong to third parties. He has been advised that he cannot even let them have things as it could be seen as distributing wealth and he then be liable for the estate.
Landlord expects to get a lien on the chattels to cover rent and expenses. This is a jewellers shop with lots of stock. He has access to the shop and one safe but not a second safe.
Does he need legal permission to have the second safe opened? would a lien be enough as he has to inventory everything?
It may be that the goods on display and in the first safe cover costs but stock cannot just be left in the second safe indefinitely.
There are items left for repair that rightfully belong to third parties. He has been advised that he cannot even let them have things as it could be seen as distributing wealth and he then be liable for the estate.
Answers
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No best answer has yet been selected by BillyBB. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.I assume you represent the interests of the landlord in some way.
Sounds like this person needs to apply for a caveat to the Probate Registry, to ensure that the probate office is aware of the claim on the estate so that whoever does end up dealing with the deceased person's estate gest to grips with the various claims from the landlord.
More info on how to do this here.
http://www.justice.go...s/probate/caveats.htm
The landlord can't speed the process up - just ensure the claim gets dealt with. It sounds like there are likely to be assets within the estate to cover this, but I don't see how the landlord can DIY.
Sounds like this person needs to apply for a caveat to the Probate Registry, to ensure that the probate office is aware of the claim on the estate so that whoever does end up dealing with the deceased person's estate gest to grips with the various claims from the landlord.
More info on how to do this here.
http://www.justice.go...s/probate/caveats.htm
The landlord can't speed the process up - just ensure the claim gets dealt with. It sounds like there are likely to be assets within the estate to cover this, but I don't see how the landlord can DIY.
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