Hi, I’m received conflicting advice, so hopefully someone can help. I inherited my Mum’s property and have been granted probate. I am currently waiting for Land Registry to transfer the title deeds to my name and have been waiting since December. Can I legally rent out the property, or do I have to wait until the title deeds are officially in my name.
You can, but you’ll have to do so with the landlord as “the estate of [the deceased]” which is not a situation you want to be in if you’re planning on renting it yourself once the deeds are transferred to you. You’re best waiting.
Anyone can be the landlord if they have the permission of the owner, so there is no problem letting with you as landlord.
She doesn’t have permission of the owner though. It’s her late mother and sadly she cannot give permission.
The executors/solicitors can grant him permission.
I take it she’s the executor as she says she’s been granted probate. I’d want to run that by a solicitor who specialises in housing law to confirm that though.
I cant think of anyone who is going to challenge it.
Thanks for your replies. Just to clarify. I am the executor of my late Mum’s estate and also the sole beneficiary. I have been granted probate, the bungalow has passed to me and technically I ‘own’ it, however my name is not yet on the title deeds. I have taken steps through a solicitor to have the title deeds changed but Land Registry are taking forever.
Although I think you can let the property, you may have problems if you need to serve notice on the tenant before you’re registered. Do a google search on “land registry registration gap” to learn more
Many thanks, I had no idea the scenario had a name but now I do, I will take a look. I figured that although I am now the ‘owner’, of the property, through probate, any legal matters, associated with a tenancy would be problematic, without a change of title. My conclusion is that I really have no option but to wait for Land Registry.
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I waited a year for probate on a house for myself just 3 years ago Got it thru 4 days before the stamp duty holiday expired. They are well behind
As i said, you’ll be on a much more secure legal footing if you have title and actually own rather than technically ‘own’
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