Abandoned property, no probate

user1977

Cloudy_day said:

I think no probate because then there is no council tax payable?

No, the estate will be liable for council tax no matter at what stage probate is obtained.

Cloudy_day

But if there is no probate, does it technically belong to anyone? The estate is building up the debt, but not the family members, until they go through probate. I'm guessing the property has more debt than it is worth. They'll never do anything with it.

GDB2222

user1977 said:

Cloudy_day said:

I think no probate because then there is no council tax payable?

No, the estate will be liable for council tax no matter at what stage probate is obtained.

A Class F exemption applies:

an unoccupied dwelling in relation to which a person is a qualifying person in his capacity as personal representative, if either no grant of probate or of letters of administration has been made, or less than 6 months have elapsed since the day on which such a grant was made;

https://www.legislation.gov.uk/uksi/1992/558/article/3/made

It's surprising that there's no limit on the exemption in cases where no application for probate has been made, but so it appears!

Cloudy_day

Yup thanks got it, so it has no council tax payable, no insurance, nothing. But I also think it means it is in some kind of legal limbo for ownership purposes. I might look that up! 

RAS

Start by checking whether your local council has an empty homes officer? If so, advise them how long it has been empty, when the owner died etc and maybe they will take action.

I know one house that looking troubled before Covid and had 4 metre saplings in the garden this spring. It's recently been bought for a low price and tidied up. Looks like they are starting work soon.

Grumpy_chap

Cloudy_day said:

We bought a semi-detached last year and the attached property is abandoned. A family come from time to time to clear it out, but it's a mess and we get rats. 

Arguably, if someone is attending periodically to do something at the property, the property is not abandoned.

This is what an abandoned property looks like:

GDB2222

Grumpy_chap said:

Cloudy_day said:

We bought a semi-detached last year and the attached property is abandoned. A family come from time to time to clear it out, but it's a mess and we get rats. 

Arguably, if someone is attending periodically to do something at the property, the property is not abandoned.

This is what an abandoned property looks like:

How did you get a picture of our garden?

Cloudy_day

It did look almost exactly like that. They made a start after the council sent them the first Enforcement notice. I will have them send a second one.

user1977

Cloudy_day said:

Yup thanks got it, so it has no council tax payable, no insurance, nothing. But I also think it means it is in some kind of legal limbo for ownership purposes.

Not in any meaningful way, or any differently from other property within the estate. It's owned by the estate. Creditors can pursue debts if they want to, but would have to take on the responsibility of winding up the estate in general if nobody else has done so.

GDB2222

user1977 said:

Cloudy_day said:

Yup thanks got it, so it has no council tax payable, no insurance, nothing. But I also think it means it is in some kind of legal limbo for ownership purposes.

Not in any meaningful way, or any differently from other property within the estate. It's owned by the estate. Creditors can pursue debts if they want to, but would have to take on the responsibility of winding up the estate in general if nobody else has done so.

In theory, can the OP apply for letters of administration? Not that I am recommending it, but it would be one way of resolving the issue with the house being abandoned.