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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Until all legalities with the Will and probate have been completed, you do not actually own it.
If you put it in your name, rent out then had a bad Tenant you could be in Legal mind field.
In the interim Any income should be added to the deceased persons estate, then when ready for the final calculation it can be decided whether there are any taxes to be paid if the total sum exceed IHT Rates.
right… and wrong.
IHT is calculated when probate is granted but the value of the estate is backdated to the date of death. So you won’t pay IHT on any rent generated between death and date probate is granted.
You are absolutely right though that no one except the estate has any right to that money until probate is granted. Rent should not be touched by any potential legatees but transferred to the account the solicitors are keeping estate monies in either by the tenant paying this account directly, or agents collecting the rent and transferring it themselves.
December to the end of June to update the ownership at the Land Registry.
You need to issue a formal complaint to them.
No ifs , not buts
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