house vendor dies before completion- renting that house while in Probate?

R.j.Belcher

Hi so we are completely relocating 200 miles away. Was expecting to move in the next few weeks but our seller died on Friday. We are desperate to move, have given up up our jobs and are packed. Our useless solicitors delays have now caused it to grind on until this happened.
We have asked the agent if we can rent the house while we wait for probate, and the owners family seem ok with this but are waiting to hear back fully.So we are planning to continue with our house sale and try and rent, all before Christmas.
However that house is very much a project, the kitchen is derelict, the bathroom is gross but functions. The floor needs repairing up stairs, needs new light fittings, and the roof needs repairing. Things like the roof, kitchen, floor, oh and the guttering, need doing asap. We have no plan to look at other houses due to the relocation issue, and a limited supply where we are moving to. What would be a good way to ensure we can do the required work without loosing out if the sellers family change their mind? Add to this that I am planning to not work until April so want to carry out the work in that time frame.
thanks
Rob

GDB2222

Until probate is granted, nobody can sell the house. So, unless contracts were already exchanged, there’s no way that you can buy this house for the time being. You shouldn’t do work on the house because you won’t own it, and can’t be sure of ever owning it. Even if contracts were exchanged, I don’t think completion can take place without probate. 

It will take months to get probate. Until then, there’s nobody who can give you any sort of option to purchase. Supposing you do the house up nicely, there’s nothing to stop the executors deciding not to sell it to you, or to decide the price should go up.

I’m sorry, but you can’t go ahead as planned. You need to rethink completely.

Grizebeck

There is nothing you can do and probate could take a very long time
Where in the country are you moving to as there might be some options 

R.j.Belcher

Grizebeck said:

There is nothing you can do and probate could take a very long time
Where in the country are you moving to as there might be some options 

Moving from Hampshire to Coningsby, Lincolnshire. My wife has already moved her horse there and she is wanting to get a job up there asap. Very stressful at the moment as we are living on savings at the moment.

Grizebeck

Yes unfortunately it isn't exactly an area that's great for work commutes from nearby towns

Grizebeck

Yes unfortunately it isn't exactly an area that's great for work commutes from nearby towns

in_my_wellies

Don't give up hope. Probate for my aunts house took three and a half weeks. It was a simple relatively low value estate. 

user1977

If the executors don’t have power to sell, they don’t have any greater power to lease (albeit that doesn’t involve getting approval by third parties such as the Land Registry). And any seller may well wish to avoid the hassle and obligations in becoming a landlord, and the risk that the (potential) buyer will just become a difficult-to-shift tenant.

R.j.Belcher

user1977 said:

If the executors don’t have power to sell, they don’t have any greater power to lease (albeit that doesn’t involve getting approval by third parties such as the Land Registry). And any seller may well wish to avoid the hassle and obligations in becoming a landlord, and the risk that the (potential) buyer will just become a difficult-to-shift tenant.

The executor is already a landlord, his father rented out 'our' house for many years, been empty since March. Thankfully the other sons wife is a solicitor so their legal advice should be swift and in their best interest. 
Plan B will be to rent short term somwhere else but thats easier said than done with no firm time frame.
Rob

Grizebeck

Skegness is cheap.....

artyboy

Grizebeck said:

Skegness is cheap.....

For a reason...