When selling a probate or a rental property, having the correct documentation in place is essential.
Whether you’re an executor handling the estate of a deceased loved one, or a landlord looking to dispose of a rental asset, understanding and preparing the necessary paperwork can make the difference between a smooth sale and a prolonged, legally complicated process.
At London Estate Agency, we specialise in assisting landlords and executors navigate the complexities of the property sales process in the UK—especially when it involves probate or tenanted properties.
Below is a comprehensive breakdown of the paperwork you’ll need to sell a probate or rental property efficiently and legally.
Documents Needed to Sell a Probate Property in the UK
Grant of Probate or Letters of Administration
Before a property can be sold from an estate, the executor must obtain a Grant of Probate (if a will exists) or Letters of Administration (if there is no will).
This legal document gives the executor or administrator the authority to sell the property on behalf of the estate.
Typically, it takes 8–12 weeks to be granted
Required before listing the property on the open market
Death Certificate
A certified copy of the death certificate must be included in the early stages of the process, especially when notifying mortgage lenders, utility companies, or local authorities.
Property Title Deeds
You’ll need the title deeds or a copy from the HM Land Registry to prove ownership—these show who currently holds legal title to the property.
If the property is unregistered, original paper deeds are needed
If registered, a copy of the title register and title plan will suffice
ID and Proof of Address of Executors
To comply with Anti-Money Laundering (AML) regulations, estate agents and solicitors will require a valid photo ID and proof of address for all executors or administrators involved in the sale.
Energy Performance Certificate (EPC)
An EPC is a legal requirement for any property marketed for sale or rent in the UK. The certificate must be obtained before listing the property.
Valid for 10 years
This can be arranged through our in-house EPC service
Inheritance Tax (IHT) Forms
These must be submitted to HMRC before the probate application can be completed.
Form IHT205 for estates where no inheritance tax is due
Form IHT400, where inheritance tax applies
Property Information Forms (TA6 and TA10)
These forms provide vital information to potential buyers:
TA6 – General property details (boundaries, disputes, warranties, etc.)
TA10 – Fixtures and fittings included in the sale
Executors must complete these forms as accurately as possible, even if they do not reside in the property.
Documents Needed to Sell a Rental Property in the UK
Selling a tenanted or rental property comes with its legal obligations. Here’s what landlords must have in place:
Tenancy Agreement
You must provide a copy of the Assured Shorthold Tenancy (AST) agreement currently in force.
This allows buyers to understand the terms and conditions of the current tenancy.
Tenant’s Right to Occupy
You need to clarify whether you are selling the property with vacant possession or with the tenant in situ.
This impacts the sales process and potential buyer pool.
Section 21 or Section 8 Notice (If Seeking Possession)
If you intend to sell with vacant possession, appropriate notice must be served to the tenants:
Section 21 for no-fault evictions
Section 8 for breaches of the tenancy agreement
Both notices must follow the correct notice periods and procedures to be legally valid.
Deposit Protection Scheme Details
If a deposit was taken, evidence must be provided that it is registered with a government-approved scheme, such as:
MyDeposits
Deposit Protection Service (DPS)
Tenancy Deposit Scheme (TDS)
Non-compliance can delay the sale and expose you to legal claims.
Gas Safety Certificate
Landlords must present a valid gas safety certificate issued within the last 12 months for properties with gas appliances.
Electrical Installation Condition Report (EICR)
Since 2020, landlords must have an EICR carried out every 5 years and provide a copy to tenants and potential buyers.
Energy Performance Certificate (EPC)
Like all property sales, a valid EPC is required.
Must be rated E or above to rent out legally
Failure to meet this standard could affect buyer interest
Evidence of Rent Payments and Arrears
Prepare a rent schedule showing:
Monthly rent amounts
Payment dates
Any arrears or late payments
Buyers, particularly investors, will want to assess the property’s rental income history.
Optional but Recommended Documents
Property Valuation Report – Helps set a competitive asking price
Mortgage Redemption Statement – If the property has a mortgage, this shows how much is left to repay
Insurance Documents – Especially if there is landlord insurance in place
Inventory and Schedule of Condition – Especially relevant when selling with tenants in situ
How We Help Simplify the Paperwork Process
At London Estate Agency, we take the stress out of complex property transactions. Here’s how we make it easier for landlords and executors:
We handle all paperwork from start to finish
We provide in-house services for EPCs, tenant referencing, Section 21 notices, and more
We ensure full legal compliance to avoid delays or disputes
We liaise with solicitors, buyers, and tenants on your behalf
FAQs
Can I sell a probate property before probate is granted?
No, but you can market the property and accept offers “subject to probate”. Completion cannot occur until the Grant of Probate is received.
Do I need to evict the tenant before selling my rental property?
Not necessarily. Many investors are open to buying with tenants in situ, especially if the tenant has a good payment history.
What happens if I don’t have all the required documents?
Missing documents can delay the sale, lower buyer confidence, or lead to legal issues. That’s why we recommend using an agency like ours to manage the entire process.
How long does the probate sale process usually take?
Once probate is granted, a standard sale takes 8–12 weeks, depending on buyer readiness and chain complexity.
Ready to Sell? Let Us Handle the Paperwork for You
Suppose you want to sell a probate or rental property; having the proper documents is only half the battle.
You need a trusted team that knows the process inside and out.
At London Estate Agency, we provide comprehensive support for landlords, executors, and investors—from paperwork to property marketing, all under one roof.
Contact our team today for a free consultation and paperwork checklist.
