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You instantly become landlord with immediate obligations—tenancy continues unchanged. Within 30 days: notify tenant you're new landlord, protect deposit in approved scheme (DPS/MyDeposits/TDS) or face 1-3× penalty, check safety certificates (gas, EICR, EPC)—£30,000 fines if missing, arrange landlord insurance (£200-£500/year). Cannot evict simply because you inherited.
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Inheriting a rental property with existing tenants means you've instantly become a landlord with immediate legal obligations. The tenancy doesn't end with the landlord's death - you inherit the property subject to existing tenant rights and agreements. Failing to meet landlord duties can result in £30,000+ fines, inability to evict, and personal liability for accidents.
This guide explains your landlord responsibilities, how to take over the tenancy properly, deposit protection requirements, rental income tax, your options (keep or sell), and how to evict tenants legally if needed. If you're dealing with other aspects of the inherited property, see our guides on selling inherited property and transferring property title after death.
🔑 Key Point: You Are the Landlord Now
From the moment you inherit (or from grant of probate if property in estate), you step into the deceased's shoes as landlord. All their legal obligations become yours immediately. The tenant's rights continue unchanged. You cannot ignore this - being accidental landlord doesn't exempt you from landlord law.
Assured Shorthold Tenancy (AST) - Most Common
Assured Tenancy - Older, Stronger Rights
Regulated Tenancy - Very Rare, Very Strong
Check tenancy start date and agreement to determine type. This affects your eviction rights significantly.
⚠️ CRITICAL: These must be done immediately to avoid fines and legal issues
Legal requirement under Housing Act. Send written notice:
Send by recorded delivery and keep proof. Tenant needs to know who their landlord is.
If deposit not protected in approved scheme within 30 days, you CANNOT evict and tenant can sue you for 1-3× deposit amount.
Steps:
Even if deceased protected it, you must re-serve Prescribed Information as new landlord.
Criminal offences if these aren't current. Fines up to £30,000 and prison possible:
| Certificate | Requirement | Cost |
|---|---|---|
| Gas Safety | Annual check by Gas Safe engineer | £80-£150 |
| EICR (Electrical) | Every 5 years minimum | £150-£300 |
| EPC | Valid for 10 years. Must be E rating or above | £60-£120 |
If any expired or missing, arrange immediately. Cannot legally rent without them.
Standard buildings insurance insufficient for rental property. Need:
Notify insurer property is rented - regular home insurance invalid for rentals. Without proper insurance, you're personally liable for injuries.
Arrange for rent to be paid to you or estate account:
As landlord, you have legal duties you cannot ignore:
You are responsible for:
Tenant usually responsible for:
Must complete repairs "within reasonable time" - usually 24 hours for emergencies (no heating in winter, major leak), 1-2 weeks for urgent, 4-8 weeks for non-urgent. Failure to repair = tenant can sue, withhold rent, or claim compensation.
Rental income is taxable - you must report it even if property in estate not yet transferred to you. Note that this is separate from capital gains tax when you eventually sell the property.
Taxed at your marginal income tax rate on the profit(rent minus allowable expenses):
Example: £15,000 annual rent - £5,000 expenses = £10,000 taxable profit. Higher rate taxpayer pays £4,000 tax (40%).
✓ Can Deduct:
✗ Cannot Deduct:
Consider hiring accountant (£300-£600/year for simple rental). Accountant fee is deductible expense.
Consider if:
Be aware:
Sell property to investor buyer while tenant still living there.
Advantages:
Disadvantages:
Best if: Tenant on regulated/assured tenancy (very hard to evict), you want quick sale, or eviction process too costly/time-consuming.
End tenancy legally, get vacant possession, then sell to owner-occupiers at full price.
Advantages:
Disadvantages:
Best if: AST tenancy (can use Section 21), good price premium justifies delay/cost, property needs work before sale anyway.
⚠️ WARNING: Illegal eviction is a criminal offence
You CANNOT: change locks, remove tenant's belongings, turn off utilities, harass tenant, use physical force or threats. Doing so is illegal eviction - criminal offence with unlimited fine + prison + tenant can sue for damages. MUST follow legal process.
Can end AST without reason after fixed term ends:
Can evict during or after fixed term if tenant breaching:
Much harder to evict. Cannot use Section 21. Must use Section 8 fault-based grounds only:
Advice: If property has assured or regulated tenancy and tenant paying rent and behaving, often better to sell with tenant in situ to investor than try to evict. Eviction may be impossible or cost more than price difference.
Total costs: £1,000-£3,000 in fees and legal costs if tenant contests. Total time: 4-8 months minimum from notice to actual eviction.
❌ Not protecting deposit or serving Prescribed Information
Consequences: Cannot evict tenant using Section 21. Tenant can sue for 1-3× deposit. Easily avoided - protect deposit and serve PI immediately.
❌ Ignoring safety certificate requirements
Criminal offence with fines up to £30,000. Cannot evict without them. If accident happens, personally liable. Get them done immediately.
❌ Not reporting rental income to HMRC
Tax evasion if deliberate. Late filing penalties minimum £100. Interest and penalties on unpaid tax. Register for Self Assessment and file returns.
❌ Trying to evict tenant without court order
Illegal eviction - criminal offence. Tenant can sue for substantial damages. You may have to let them back in. Always follow legal process even if slow.
❌ Using standard buildings insurance not landlord insurance
Claim will be refused if property is rented. You're personally liable for injuries/damage without proper cover. Notify insurer it's rental.
Inherited property? Decide whether to keep, sell, or rent. Tax implications, CGT, SDLT relief, mortgage options, and step-by-step process.
Complete guide to selling inherited property: when you can sell, probate requirements, Capital Gains Tax, empty property issues, estate agent vs auction.
Inherited property with mortgage? Your options, mortgage liability, taking over payments, selling with mortgage, insurance claims, and tax implications.
Do you pay Capital Gains Tax on inherited property? CGT rates, Private Residence Relief, lettings relief, CGT allowance, how to calculate CGT on property sale after death.
Can you live in inherited property rent-free? Executor rights, beneficiary occupancy rules, council tax, CGT relief, permission needed, living there during probate.
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