Empty Property -

We have an empty propertywhich has evidence of rats where the owner has died intestate. On the copy of the probate there are two personal representatives listed.

Question: S4 PDPA Says that you can serve this notice on the owner or occupier - owner is dead and there is no occupier. You can serve notice on the deceased, but in this case would it be best to serve notice on the two personal representatives.

Question - Also, can you recover costsand/or put a charge on the empty property.

Hilary Hardwicke

Empty Homes Officer, Exeter City Council

Housing Improvement Notices

Hi Hilary
Sorry, this is a bit late but I would serve on the property addressed to the "owner" as well as sending a copy of the notice to the two representatives. In the covering letter to the two representatives I would state that if Works In Default of the Notice were undertaken by the LA then these costs would be pursued against the estate with costs levied against the property.

Hi Hilary
An even later response, I would agree with Rebecca.
The running order should always be.
1. Land Registry  to confirm who the owner is.
2. Death Certicate to confirm that the relevant person is dead
3. Probate search to confirm whether probate has been granted.
If probate granted, then you serve the notices on the personal representatives stated (name and addresses)
If no probate granted, then the estate still vests in the deceased and the notice should be be served on them and also on the personal representative of the deceased (belt and braces).
You would also need to serve a copy of the notice on the Public Trustee.
If your doing a belt and braces job, useful to send a generic one  to "the owner" at the empty property