Understanding Your Options with Occupied Inherited Property
Inheriting a property isn’t always straightforward—especially when someone is still living in it.
This situation can be emotionally and legally challenging, whether it’s a relative, tenant, or unauthorised occupant.
You’re not alone if you’ve inherited a home and need to sell it, but someone won’t leave.
This is more common than you might think. The good news? You can take clear steps, and with the right advice and support, reaching a resolution that works for everyone is possible.
At London Estate Agency, we specialise in helping people in this position.
We combine practical advice, legal guidance, and property sales expertise to help you move forward—whether that means navigating probate,
resolving occupancy issues, or preparing the home for the market.
Step 1: Establish Legal Authority Over the Property
Before anything else, you’ll usually need to apply for a Grant of Probate (if there’s a will) or Letters of Administration (if there isn’t).
This legal process confirms your right to deal with and sell the estate.
We can help with:
Completing probate forms
Managing inheritance tax documentation
Offering a free property valuation for probate purposes
You don’t have to go it alone—we’re here to assist with the paperwork and the bigger picture.
Step 2: Identify the Occupant’s Status
It is essential to understand who lives on the property—and what rights they may have. There are typically three types of situations:
1. Tenants With a Formal Tenancy Agreement
If the occupant is a tenant with a valid contract, you may need to:
Let the tenancy run its course
Serve notice under Section 21 or Section 8
Consider selling the property with the tenant in place, which is possible but may affect the value
If you decide to retain the property for a while, we offer landlord support, including rent protection and tenant screening.
2. Friends or Family Members Without Legal Rights
They may have lived with the deceased but have no legal claim to stay. In this case:
Legal notice and court proceedings may be necessary
It’s essential to approach this sensitively, especially if emotions are high
We can help you understand your options and pursue a path that balances compassion with practicality.
3. Squatters or Unauthorised Occupants
This is less common but requires urgent legal action. You’ll need a court possession order and possibly bailiffs to remove them.
Our legal partners are experienced in handling these cases efficiently and lawfully.
Step 3: Decide Whether to Sell or Rent
Sometimes, holding onto the property temporarily—perhaps renting it out—makes sense.
Other times, a fast sale is the best way to close the chapter. We help with both:
Rent out the property with full tenant and rent management
Sell the home—either as is or after preparing it for the market
If you’re unsure, we can conduct a market rent review and give you a realistic valuation for both options. Start with a free consultation.
Step 4: Vacant Possession—How Important Is It?
In most cases, selling the property vacant will result in a higher sale price. Buyers generally want a clean legal slate. However, it is possible to:
Sell to an investor willing to keep the current occupant
Offer a cash buyer discount to speed up the process
We’ll present all your options so you can make an informed decision—not a pressured one.
Frequently Asked Questions
Can I sell the property with someone still living in it?
Yes, but it may reduce the pool of potential buyers and impact your sale price. We’ll help you assess whether to evict first or sell as-is.
How long does eviction take?
That depends on the occupant’s legal status:
Tenants: 2–4 months
Non-tenants/family: 3–6 months with court involvement
Squatters: Legal eviction via court and bailiffs may take 2–3 months
We handle these matters with discretion and legal accuracy.
Do I need probate before starting the eviction process?
Not necessarily. You can begin once you’ve started the application process and act as the estate’s representative.
What if the occupant refuses to leave even after court action?
Court-appointed bailiffs can enforce a possession order. Our team manages the process from notice to enforcement.
Can I rent the property out in the meantime?
Yes—especially if the occupant is a tenant or is willing to sign a short-term agreement.
We offer complete letting and management services to protect your income.
How We Can Help – Your Trusted Probate Property Partner
At London Estate Agency, we offer an end-to-end solution for inherited and occupied properties, including:
Probate assistance
Legal notice service
Tenant negotiations or evictions
Rent protection & management
Sales strategy tailored to your situation
Whether you need to move quickly or are figuring out the next step, our team is ready to support you with empathy, clarity, and results.
