Can I rent out a house before the will has been executed?

[mathremuk]

Myself and my brother have just inherited my grans house. We are both Executors on the Will and have just got our solicitor to renounce his position. We are also the only beneficiaries. Can we rent this property before we apply for probate or anytime during the process? At the moment we are having repairs done and will be applying for probate shortly.

[LoftyLottie]

Do either of you have Power of Attorney.

[dzug2]

<<Do either of you have Power of Attorney.>>

Power of Attorney lapses automatically on death so that would make no difference either way

I think but am not certain you can rent it out in the name of 'Executors of X'. You might have trouble with receiving the rent (you'd need an executors' bank account and I'm not certain when a bank will allow you to open one) and an awkward tenant might be iffy about signing a lease with you without probate. Certainly easier not to rent it out.

[mathremuk]

yes we both do

[LoftyLottie]

True dzug2. I was thinking about the fact that when my mother died I could continue with certain things and pay outstanding bills and had to produce evidence of every bit of money coming in and out.

I would agree with dzug, probably better to wait under after probate is granted.

[Barmaid]

I see no reason whatsoever why you cannot rent this house out. An executor's title is conferred by the Will and merely confirmed when the Grant issues - this is unlike an administrator (ie someone who was not appointed executor) whose authority derives solely from the Grant. Because an assured shorthold tenancy does not have to be registered at the land registry you can rent it out - just make sure you direct the tenant to pay the money to a nominated account which will then have to account to the estate.

To evidence your title, I would simply provide a copy of the death certificate and the will to the tenant (if he is actually that bothered). Failing that just include a recital in the assured shorthold tenancy agreement.