I have inherited a rental property: what do I do?

The tenancy carries on. Don’t ask anyone to leave.

If the property is let and the previous owner has died, the tenancy does not end and the tenants do not have to move out. It carries on exactly as it was: same rent, same terms, same tenancy agreement. Whoever ends up dealing with the estate, usually called the personal representative, simply steps into the landlord’s shoes for now, collecting rent, keeping the property safe, and answering to the tenants as any landlord would.

That means no panic, and definitely no letter telling anyone to be out by the end of the month. Evicting a tenant, if it ever comes to that, still has to go through the normal legal process and grounds, court included. Your job right now is calmer than that: find out what you’ve actually got.

What to find in the first week

Five things, and none of them can wait:

1. The tenancy agreement and deposit paperwork. Who is renting, on what terms, and where the deposit is registered. It has to sit in a government-backed scheme such as the DPS for the whole tenancy.
2. The compliance file. Gas safety certificate, electrical safety report (EICR) and EPC, plus the date each one runs out.
3. The licensing position. Whether the property is an HMO and, if so, whether it currently holds the licence it needs.
4. Insurance. Confirm the buildings insurance is still live. A policy taken out by someone who has since died is exactly the kind of thing that can lapse quietly.
5. Who has been collecting the rent, and where it’s going. If nobody knows, keep any rent that comes in to one side rather than spending it, until that’s sorted.

Check the licensing position properly, don’t assume

If five or more people from two or more households live there and share a kitchen or bathroom, the property needs a mandatory HMO licence, and that requirement doesn’t care who owns it or how they came to own it. If you don’t know whether a licence was ever applied for, ring the council and ask, quoting the address. Don’t assume the previous owner had it sorted: inheriting an unlicensed HMO without realising is a common way for someone to end up on the wrong side of the rules through no fault of their own. If that turns out to be your situation, our guide on taking over an unlicensed HMO walks through what to do next.

Licensing thresholds, safety certificate rules and deposit protection requirements can change, and how strictly they’re enforced varies by council. Always check the current position with the council directly rather than relying on this page alone. Livdin can confirm exactly what’s required for your specific property before you take any of it on.

Gas, electrics and energy: what has to be current

Three certificates matter whatever you decide to do with the property: an in-date gas safety certificate if there’s any gas appliance, an electrical safety report (EICR) renewed at least every five years, and a valid EPC. None of these pause because the owner has changed; they attach to the property and to whoever is letting it. If any have lapsed, get them booked before you do anything else. A gap here is the fastest way to turn an inherited rental into an inherited problem.

The probate period, practically speaking

While the estate is being sorted, the personal representative is legally responsible for the property, its tenants and its income. That can run for months, sometimes longer if the estate is complicated, and what you can and can’t do with the property (sell it, remortgage it, hand over management) may depend on where things stand with probate. This is exactly the point where a probate solicitor and an accountant earn their fee: the legal and tax position on an inherited rental property is specific to your situation, and we are not the ones to advise on it. Get that conversation started early rather than late.

Keep it, sell it, or hand it to an agent: the honest trade-offs

There isn’t a right answer here, only the right answer for you.

Option	Best if	Trade-off
Keep it, self-manage	You want the income and don’t mind the calls	Your time, and your name on every certificate and compliance deadline
Keep it, use a managing agent	You want the income without the admin	A management fee, but the compliance and tenant contact stop being your problem
Sell it	You want the cash and no ongoing involvement	You lose the income and the asset, and a tenanted sale usually reaches a smaller pool of buyers

If you’re leaning toward keeping it, know what you’re taking on before you decide. An HMO in particular can be more work than it looks from the outside, especially if it’s been coasting for a while. Our guide on taking over a struggling HMO is worth reading before you commit either way.

Where we fit

We take over tenanted properties and HMOs regularly, mid-tenancy, mid-probate, whatever state they’re in. We’ll tell you straight what condition the property is actually in, what needs sorting first, and what it would realistically rent for, before you decide anything. If you’d rather have someone else answer the phone and chase the certificates while you deal with everything else, that’s what property management is for, and if it’s specifically an HMO, our HMO management team has seen this exact situation before. Call 01484 981717 or get in touch and we’ll talk it through. No pressure to decide today.