Leasehold, Flats and Tenancies

What if the property is tenanted?

A tenanted probate property can still be sold, but the route to market and likely buyer pool may be different. The key questions are whether the tenancy is…

Updated March 2026
Quick answer

A tenanted probate property can still be sold, but the route to market and likely buyer pool may be different. The key questions are whether the tenancy is ongoing, what type it is, what rent is being paid, and whether…

A tenanted probate property can still be sold, but the route to market and likely buyer pool may be different. The key questions are whether the tenancy is ongoing, what type it is, what rent is being paid, and whether vacant possession is realistic or desirable.

For some buyers, a sitting tenant is a complication. For others, particularly investors, it may be acceptable. The important thing is to understand the legal position before launching the property, not halfway through the sale.

Probate does not cancel a tenancy. The estate steps into the landlord’s position.

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