Renting house subject to probate?

gandtowners

We are in the slow process of buying a house that is still subject to a grant of probate being made. We could have another 8-12 weeks before we are likely to exchange (if we are lucky). 

We have a FTB purchasing ours and that’s going fine. 

Question - the house we are buying is empty, if the pressure comes to exchange on ours, could we ask the executors to rent the empty house to us prior to exchange of contracts? 

davidmcn

You can ask, certainly. But the executors would risk, by the time they get probate, discovering that you've changed your mind about the purchase, you're no longer paying rent, and it will take months to kick you out. And while they don't have probate then they don't really have any more right to let the property to you than they do to sell it. So I'd expect the answer to be no.

gandtowners

Thanks. We’ve been waiting for nearly three months already having been told they were applying “imminently” for the grant; which was finally submitted today. So we’ve been loyally waiting so far. If it comes to it we shall definitely ask!