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    • Davsal
    • By Davsal 13th Jun 19, 8:33 PM
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    Davsal
    Probate and renting
    • #1
    • 13th Jun 19, 8:33 PM
    Probate and renting 13th Jun 19 at 8:33 PM
    My mother is buying a house near me as I am now her carer.Her house is sold and the contracts are ready to exchange. The house she is buying the contracts are ready to exchange, However, the house she is buying is going through probate. It is empty as the owner unfortunately passed away. Is it possible for her to rent the property until the Grant of probate is issued and the sale can be completed.What are the possible pitiful, if any? Obviusly it is difficult to predict how long probate could take. Any answer, good or bad, would be welcome.
    Thanks in advance
Page 1
    • Savvy_Sue
    • By Savvy_Sue 16th Jun 19, 1:21 AM
    • 40,090 Posts
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    Savvy_Sue
    • #2
    • 16th Jun 19, 1:21 AM
    • #2
    • 16th Jun 19, 1:21 AM
    It is possible, but unlikely that the seller's solicitors would recommend it, and it gives the seller a whole heap of things they have to do: gas and electrical safety certificates, a different kind of insurance, tax implications etc etc etc ...

    it might be better to look at an 'proper' rental property, or - and this may be a radical thought - to look at a long term arrangement in a local travelodge / b&b. In either of those cases she might need to put her furniture etc into storage.

    Here's hoping it doesn't get to this situation ... but they did it from choice!
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    • Marcon
    • By Marcon 16th Jun 19, 7:15 PM
    • 1,266 Posts
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    Marcon
    • #3
    • 16th Jun 19, 7:15 PM
    • #3
    • 16th Jun 19, 7:15 PM
    My mother is buying a house near me as I am now her carer.Her house is sold and the contracts are ready to exchange. The house she is buying the contracts are ready to exchange, However, the house she is buying is going through probate. It is empty as the owner unfortunately passed away. Is it possible for her to rent the property until the Grant of probate is issued and the sale can be completed.What are the possible pitiful, if any? Obviusly it is difficult to predict how long probate could take. Any answer, good or bad, would be welcome.
    Thanks in advance
    Originally posted by Davsal
    The pitfalls are for the executors of the property being sold, so they may take some persuading. That said, it's worth asking if they would consider a conditional exchange of contracts, the conditions being (a) that probate is granted by [suggest a date perhaps six months hence] failing which she is entitled to withdraw without penalty and (b) she is permitted to move in and rent the property from the executors until such time as she either completes or withdraws.
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