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

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  • BikingBud
    BikingBud Posts: 2,530 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Surrey_EA said:
    I had exactly this scenario earlier this year. 

    The executor was a solicitor and they granted permission for the buyer to rent the property whilst probate was going through. The rent was a nominal amount and the executor absolved themselves of the normal landlord responsibilities.

    Sale all now completed.
    How?

    What if and there are probably many others but what if the "purchaser" now has occupancy and doesn't complete, doesn't pay the rent etc because normal protocols that protect the landlord's interests, now the estate's interests, have not been enacted?

    Who was taking action to protect the estate?
  • shinytop
    shinytop Posts: 2,165 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    They could use a Licence to Occupy.  This is stated as a possible solution to pre-completion occupation in the Law Society’s Standard Conditions of Sale (5th Edition) so it's something any decent conveyancer/property solicitor should know about. 

    I'm not saying it's an ideal or even a viable solution in the OP's case but it's worth at least considering.   
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