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Tenanted probate property: management and end-of-tenancy handover

A practical guide for probate solicitors managing an estate property with tenants, including handovers and check-out evidence.

Hermens Property · London and Surrey

Practical, considered property support

Our role is to help executors make informed decisions about the property, its condition and the work needed before a sale or handover. Every instruction is tailored to the property, with contractor costs and any Hermens coordination fee explained before work is authorised.

01

First establish the tenancy position

The landlord's death does not, by itself, terminate a residential tenancy. The personal representatives' authority, contractual terms and any proposed possession or termination steps should be considered by the appointed solicitor before the property is treated as vacant.

02

Keep essential management functioning

During administration, ongoing repairs, contractor access, rent records, insurance and tenant communications may still need attention. Hermens can agree a practical interim management scope, subject to authority and a separate written fee arrangement.

03

Plan a lawful handover

Where a tenancy is due to end by agreement or otherwise lawfully, a coordinated appointment can cover access, keys, property condition, meter readings and contractor quotations. Neither the property agent nor the executor should rely on lock changes as a substitute for lawful possession.

04

Check-out inventory and photographic schedule

A dated check-out record can compare visible condition with the available check-in inventory and note cleaning, damage, missing items and the limits of the inspection. It is not a legal determination of responsibility or the amount of any permitted deposit deduction.

05

Deposits and disputes

Deposit scheme records, prescribed information, payment evidence, relevant correspondence and check-in and check-out photographs should be retained. Negotiations, adjudication and legal disputes should be handled in accordance with the tenancy terms, scheme rules and professional advice.

06

Prepare the property for its next use

Once vacant possession is established, Hermens can separately quote for cleaning, repairs, contents inventory, vacant-property care or marketing, without requiring appointment as the selling agent.

What happens next?

Tell us the address, who is authorised to instruct work and what needs attention. We can discuss the relevant services and agree a sensible sequence, whether you need one quotation or coordinated preparation for a sale.

Hermens provides property-related services, not probate legal advice, reserved probate work or legal estate administration. Where a formal tax valuation, regulated advice or specialist work is needed, an appropriately qualified independent professional should be appointed.