Can an executor rent out a property? Executor duties for rental property

Published 22 October 2026 · Updated 22 October 2026

Can an executor rent out a property? An executor is legally responsible for the estate's property from the date of death until it's passed to the beneficiaries, and managing an existing let, or letting an empty house, can fall within looking after the estate [1]. But GOV.UK warns that you "should not make any financial plans or put property on the market" until probate is granted [2], and since 1 May 2026 any new tenancy in England is periodic and hard to end quickly [3]. So executors usually keep existing tenancies running and think carefully before creating new ones.

If there's already a tenant, the executor steps in as landlord: collects rent for the estate, keeps up repairs, gas and electrical checks and deposit protection, and pays tax on the estate's rental income [1][4][5]. Letting an empty house before probate is risky: you may lack clear authority, and a new tenancy can block a sale for at least 12 months [3][6]. Agree any new letting with the beneficiaries in writing, check the will's powers, and tell the insurer and lender [7].

General information only, not legal advice. If the will is unclear or beneficiaries disagree, see a solicitor.

What an executor is responsible for

GOV.UK sets out the personal representative's role: during the administration period they may have to pay debts, "sell assets such as properties", "pay Income Tax on things like rental income from property", pay Capital Gains Tax on sales and report to HMRC [1]. They're responsible "from the date of death until the date everything has been passed on" [1].

If there are several executors, GOV.UK says to agree where to hold money, rules on withdrawals and payments, and "what assets you need to sell and when" [1].

Personal liability

An executor who hands out the estate before debts and taxes are settled can end up paying them personally. GOV.UK says to place a notice in The Gazette giving creditors two months, and not to distribute before then [8]. If you distribute without keeping enough to pay debts and tax, "you may have to pay any remaining debts and tax bills yourself" [9]. A tenant's claim for an unprotected deposit could be one of those debts.

Executor managing a rental property that already has tenants

The tenancy carries on; an assured tenancy can't be ended by the landlord except through the court [10]. As executor you are effectively the landlord. Your checklist:

Duty	What to do	Source
Tell tenants	Give a name and address for notices and new rent details	[11]
Collect rent	Into an estate account; keep a ledger	[1]
Gas safety	Annual check of each appliance and flue; copy to tenant within 28 days	[4]
Electrical safety	Inspection at least every 5 years; copy to tenant within 28 days	[12]
EPC	Must have one to let; minimum E for most lets	[13][14]
Deposit	Check it's protected and the prescribed information was given	[5]
Repairs	Keep structure, heating and hot water, sanitary fittings in repair	[7]
Licensing	Check for HMO or selective licence; a licence ends on the holder's death	[15]
Tax	Estate pays Income Tax on rent after the death	[16]
Insurance	Tell the insurer; check landlord cover continues

Repairs are a priority. GOV.UK lists what landlords are normally responsible for: the structure, basins and baths and other sanitary fittings, heating and hot water, and anything damaged while attempting repairs [7]. You must give at least 24 hours' notice to enter, except in emergencies [7].

Can an executor rent out a property before probate is granted?

This is the question executors search most. The honest answer is: sometimes, but with caution.

Points in favour: an empty house costs money (Council Tax after probate, insurance, utilities) and can deteriorate. Rent helps the estate.

Points against:

Authority. Third parties may not deal with you until you can show the grant. GOV.UK's guidance is not to make financial plans for property before probate [2].
The new tenancy rules. All new assured tenancies in England are periodic since 1 May 2026, and the selling and moving-in grounds can't be used during the first 12 months, with four months' notice [3][6]. If the beneficiaries want to sell within a year, a new tenancy may stop them.
Re-letting restriction. After using the selling or moving-in grounds, a landlord can't market or re-let the property for 12 months [17].
Compliance from day one. Before a new tenant moves in, they need the gas safety record, the EICR and the EPC, and the deposit must be protected within 30 days [4][12][5].
Right to rent. Landlords in England must check a new tenant's right to rent [7].
Mortgage. If the property is mortgaged, you need the lender's permission to let [7].

Get the beneficiaries' agreement in writing. If one of them wants to sell and another to let, see our siblings guide.

Executor renting property: a decision table

Situation	Usual approach
Existing tenant, beneficiaries plan to keep	Keep tenancy running; transfer to beneficiaries after probate
Existing tenant, beneficiaries plan to sell	Sell with tenant in place, or serve Ground 1A after probate [6]
Empty house, beneficiaries plan to sell	Leave empty; check Council Tax exemption; sell after probate [18]
Empty house, beneficiaries plan to keep and let	Consider transferring first so the beneficiary is the landlord
Beneficiary wants to live there	Agree occupation terms in writing; consider the Council Tax position

Tax: what the executor reports

The estate pays Income Tax on its rental income from the day after the death until distribution, at 20% for non-dividend income, with no allowances [16]. If the estate's total income is £500 or less in a tax year it needn't be reported [19]. Simple estates can report by letter; others register and file an SA900 [19]. See rental income during probate.

If the executor sells a property, Capital Gains Tax is due on any rise since the date of death, reported within 60 days [20][16].

Keeping the beneficiaries informed

A short monthly note to the beneficiaries avoids most disputes: rent received, money spent and why, compliance dates coming up, and decisions needed. At the end, GOV.UK says to prepare final estate accounts, approved and signed by you and the main beneficiaries [9].

Gaffy makes this easier. Store the certificates and tenancy documents in one vault you can share, get reminders before every gas, EICR and EPC date, and let the tenant report repairs through a link so there's a dated record. It's £12 a month for up to 5 properties, plus £4 a month per extra property; the first month is free, and we'll set your properties up for you.

Before probate: what an executor can usually do safely

Even without the grant, an executor can protect the estate. These steps rarely cause problems and often prevent bigger ones:

secure the property, change locks if keys are unaccounted for, and keep the heating ticking over in winter to avoid frozen pipes,
tell the buildings insurer and check whether cover continues,
ask the mortgage lender whether payments must continue during probate, and pay them if needed, reclaiming from the estate later [21],
book overdue gas or electrical checks for tenanted properties [4][12],
answer tenant repair reports and keep a record,
gather the documents needed to value the estate [21].

What to avoid before probate: signing a new tenancy, agreeing a sale, or making promises to beneficiaries about who gets which property.

Executor's record-keeping checklist

Record	Why
Rent ledger from the day after death	Estate income for HMRC [16]
Receipts for repairs and bills	Allowable costs and estate accounts
Copies of tenant letters	Proof of notices and addresses given [11]
Certificates and inspection reports	Proof of compliance [4][12]
Beneficiary approvals in writing	Protection if decisions are questioned later

FAQ

Can an executor charge for managing the property?

Only if the will allows it or the beneficiaries agree. Take advice.

Who signs the tenancy agreement?

For a new letting by the estate, the executors sign as personal representatives.

What if the executor won't deal with the property?

An executor can give up the right to apply for probate with form PA15 [2]. Disputes may need a solicitor.

Try Gaffy free for a month · Inherited property hub · Rental income during probate · Landlord dies: tenant rights · Inherited HMO licence

Sources

GOV.UK, Dealing with the estate of someone who's died: https://www.gov.uk/probate-estate
GOV.UK, Applying for probate: https://www.gov.uk/applying-for-probate
GOV.UK, Repossessing your privately rented property after 1 May 2026: https://www.gov.uk/guidance/repossessing-your-privately-rented-property-after-1-may-2026
Gas Safety (Installation and Use) Regulations 1998, regulation 36: https://www.legislation.gov.uk/uksi/1998/2451/regulation/36
GOV.UK, Deposit protection schemes and landlords: https://www.gov.uk/deposit-protection-schemes-and-landlords
GOV.UK, Grounds for possession: guidance for landlords and letting agents: https://www.gov.uk/government/publications/grounds-for-possession-guidance-for-landlords-and-letting-agents/grounds-for-possession-guidance-for-landlords-and-letting-agents
GOV.UK, Renting out your property: https://www.gov.uk/renting-out-a-property
GOV.UK, Dealing with the estate: settling debts and taxes: https://www.gov.uk/probate-estate/settling-debts-and-taxes
GOV.UK, Dealing with the estate: distributing the estate: https://www.gov.uk/probate-estate/distribute-the-estate
Housing Act 1988, section 5: https://www.legislation.gov.uk/ukpga/1988/50/section/5
Landlord and Tenant Act 1987, section 48: https://www.legislation.gov.uk/ukpga/1987/31/section/48
GOV.UK, Electrical safety standards in the private and social rented sectors: guidance: https://www.gov.uk/government/publications/electrical-safety-standards-in-the-private-and-social-rented-sectors-guidance/electrical-safety-standards-in-the-private-and-social-rented-sectors-guidance
GOV.UK, Energy Performance Certificates: https://www.gov.uk/buy-sell-your-home/energy-performance-certificates
GOV.UK, Domestic private rented property: minimum energy efficiency standard: https://www.gov.uk/guidance/domestic-private-rented-property-minimum-energy-efficiency-standard-landlord-guidance
Housing Act 2004, section 68: https://www.legislation.gov.uk/ukpga/2004/34/section/68
GOV.UK, Dealing with the estate: managing and selling assets: https://www.gov.uk/probate-estate/managing-and-selling-assets
GOV.UK, Guide to the Renters' Rights Act: https://www.gov.uk/government/publications/guide-to-the-renters-rights-act/guide-to-the-renters-rights-act
GOV.UK, Council Tax: second homes and empty properties: https://www.gov.uk/council-tax/second-homes-and-empty-properties
GOV.UK, Dealing with the estate: reporting an estate's income: https://www.gov.uk/probate-estate/reporting-the-estate
GOV.UK, Tax when you sell property: https://www.gov.uk/tax-sell-property
GOV.UK, How to value an estate for Inheritance Tax: identify assets and debts: https://www.gov.uk/valuing-estate-of-someone-who-died