House rental whilst awaiting probate?

nanapop1977

I cant really comment on any potential pitfalls but I would suggest speaking to a letting agent regarding costs and landlord obligations. I've rented out property in the past and there's an awful lot of legal and H & S hoops to jump through (most of which have a cost implication).
How long have you been waiting for Probate?

naedanger

ChileanRed said:

The tenant is the buyer. They want to move asap.

Sorry, my mistake. Completely different then, yes I think it is worth speaking to the solicitor. Unfortunately if it's not a common practice they probably won't be that keen.

ChileanRed

nanapop1977 said:

I cant really comment on any potential pitfalls but I would suggest speaking to a letting agent regarding costs and landlord obligations. I've rented out property in the past and there's an awful lot of legal and H & S hoops to jump through (most of which have a cost implication).
How long have you been waiting for Probate?

Thanks, yeah it seems I may have to hope & pray they'll wait...
I only posted it off to the probate office  on Monday🙄

Savvy_Sue

ChileanRed said:

nanapop1977 said:

I cant really comment on any potential pitfalls but I would suggest speaking to a letting agent regarding costs and landlord obligations. I've rented out property in the past and there's an awful lot of legal and H & S hoops to jump through (most of which have a cost implication).
How long have you been waiting for Probate?

Thanks, yeah it seems I may have to hope & pray they'll wait...
I only posted it off to the probate office  on Monday🙄

if it's straightforward, it may not take long. Everything crossed for you ... 

ChileanRed

Savvy_Sue said:

ChileanRed said:

nanapop1977 said:

I cant really comment on any potential pitfalls but I would suggest speaking to a letting agent regarding costs and landlord obligations. I've rented out property in the past and there's an awful lot of legal and H & S hoops to jump through (most of which have a cost implication).
How long have you been waiting for Probate?

Thanks, yeah it seems I may have to hope & pray they'll wait...
I only posted it off to the probate office  on Monday🙄

if it's straightforward, it may not take long. Everything crossed for you ... 

Thanks, I'm hoping so!!

GN2020

Hiya,
Firstly, I’m really sorry for the loss of your mum. 

I’m not legally qualified or anything to answer this but I just wanted to help where I can, one thought that did crop up was, when was the offer accepted on the house? Just thinking in terms of the buyers mortgage offer and it’s expiration date. 

I’m sure that once everything has been explained to them, and if they’re still keen then I’m sure they’ll wait and apply for an extension on their offer. 

It’s something out of their control so hopefully if they do need an extension the lender will be sympathetic to that. 

Has your solicitor given any indication of how long it could take for the probate? 

ChileanRed

Hi GN2020

Thank you.

I have emailed the Probate office today  to explain the situation and hope they can push it through, or at least tell me what I can and can't do.
I don't think the buyer has a mortgage  ie it's a cash sale.
Fingers crossed I'll get a reply soon🤞

xylophone

No.
....sale was agreed and they are doing searches etc with a view to moving asap. Property currently empty.

Many years ago I was in process of buying my first property  seen in November,( empty because the owner was in a care home with dementia) when the owner died.

Her affairs were in the hands of the Court of Protection and my solicitor asked if I wanted to continue because there could be a long wait.

I was under no pressure to leave my family home and said that I'd wait it out.

In fact, everything was done and dusted in short order and I was in occupation by March.

GN2020

ChileanRed said:

Hi GN2020

Thank you.

I have emailed the Probate office today  to explain the situation and hope they can push it through, or at least tell me what I can and can't do.
I don't think the buyer has a mortgage  ie it's a cash sale.
Fingers crossed I'll get a reply soon🤞

At least that takes some pressure off if they’re cash buyers. 

I sincerely hope it gets all sorted out really soon for you! It’s a stressful enough time for you as it is! 

GN2020

xylophone said:

No.
....sale was agreed and they are doing searches etc with a view to moving asap. Property currently empty.

Many years ago I was in process of buying my first property  seen in November,( empty because the owner was in a care home with dementia) when the owner died.

Her affairs were in the hands of the Court of Protection and my solicitor asked if I wanted to continue because there could be a long wait.

I was under no pressure to leave my family home and said that I'd wait it out.

In fact, everything was done and dusted in short order and I was in occupation by March.

Me and my partner are in a similar situation. 

We put an offer in on a house in September 2020, the owner is currently in a care home as she has Alzheimer’s. It was discovered in December that although her children have POA it hadn’t actually been registered with the court of protection so we’re waiting on it just being registered. 

Our mortgage offer expires in June so we’ve still got a wee while yet...