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      What can an executor do with a rental property?

      In England and Wales, an executor’s authority over a rental property starts from the will, but an administrator’s authority starts only when letters of administration are granted. Scotland and Northern Ireland diverge in important places, especially on confirmation, executor removal and property-vesting rules.

      By Abodient Team Published 01 September 2026 13 min read
      What can an executor do with a rental property?

      In England and Wales, an executor’s authority over a rental property starts from the will, but an administrator’s authority starts only when letters of administration are granted. Scotland and Northern Ireland diverge in important places, especially on confirmation, executor removal and property-vesting rules.

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        Can an executor serve a Section 21 notice on the estate's tenant?

        Section 21 was abolished in England from 1 May 2026 and no longer exists, so an executor cannot now serve a new Section 21 notice on the estate’s ordinary private assured tenant. The abolition came from the Renters’ Rights Act 2025: section 2 says to “omit Chapter 2 of Part 1 (assured shorthold tenancies),” and the commencement regulations brought that change in “on 1st May 2026” for non-social assured tenancies. That means the old question of whether an executor can serve a section 21 notice is now answered by the disappearance of the notice itself, not by probate timing. Wales has not had assured shorthold tenancies since Renting Homes, so Section 21 is not the Welsh route either. Scotland has no Section 21 regime. Northern Ireland uses its own notice-to-quit system, not Housing Act 1988 Section 21.

        Can an executor serve a Section 8 notice on the estate's tenant?

        Yes, in England an executor can serve a Section 8 possession notice on the estate’s tenant before probate, because an executor derives title from the will and is treated as the landlord from death; Section 8 itself requires that “the landlord” has served the notice. The Housing Act 1988 defines landlord broadly: “landlord” includes a person who is, or but for the tenancy would be, entitled to possession. The Administration of Estates Act 1925 says real estate “shall on his death… devolve… on the personal representative,” and the Court of Appeal in Millburn-Snell confirms the key probate distinction: “an executor derives his title to sue from the will and not from the grant of probate.” So an executor of an estate that includes a rental property can normally serve Form 3A personally, though a solicitor is sensible where grounds, service or court evidence are disputed. Abodient can hold the tenancy record, rent account and compliance documents an executor needs when serving that notice or later handing the property to a buyer, since probate typically changes who is asking to see them, not what they contain. Section 8 is unaffected by Section 21 abolition.

        Can you evict a tenant before probate has been granted?

        An executor can serve notice and start a possession claim before probate in England and Wales, but the tenant is not actually evicted until the court process ends and the possession order is executed. Housing Act 1988 section 5 states: “the tenancy ends when the order is executed,” and the Protection from Eviction Act 1977 says it is unlawful to recover possession “otherwise than by proceedings in the court.” Probate matters because an executor may have authority before the grant but may still need the grant to prove title to the court; an administrator is different, because on intestacy the estate vests in the Public Trustee until administration is granted. Millburn-Snell is the governing correction to advice suggesting all personal representatives must wait for grants: an executor may sue before probate, while an administrator’s pre-grant claim is a nullity. In Scotland, confirmation is more central; in Northern Ireland, realty vests in personal representatives on death.

        Can an executor get into the property to have it valued for probate?

        No executor has a general right to enter a tenanted home just to obtain a probate valuation; access normally needs the tenant’s agreement unless the lease gives a relevant right or a court-backed statutory inspection power applies. The usual implied landlord access right in England and Wales is narrower: it allows entry on 24 hours’ written notice only “for the purpose of viewing their condition and state of repair.” A probate valuation is not the same thing as a repairs inspection. The court has put the tenant’s exclusive possession bluntly: “They may not enter without the defendant’s permission and to enter without that permission is unlawful; it would be a trespass.” HMRC values property at open-market value at death, and IHT405 requires the estate to provide the tenancy if the property was let. In practice, the executor should give proper notice, ask for access, provide the tenancy to the valuer and HMRC, and avoid using keys without consent.

        Can an executor renovate the property or spend estate money on it?

        Yes, an executor in England and Wales can spend estate money on repairs or renovation where that is a proper estate-administration decision, because personal representatives have trustee powers and trustees of land have “all the powers of an absolute owner.” The Trustee Act 2000 applies those trustee rules to “a personal representative administering an estate,” but that does not make renovation automatically wise or required. The executor’s job is to preserve and realise the estate, not to speculate with beneficiaries’ money; market practice is that probate properties are often sold as-is where works cost more than they add. A modest spend to keep insurance valid, prevent deterioration or make a rental property saleable is very different from a full refurbishment intended to chase a higher sale price. Northern Ireland is stricter where mortgage borrowing is used for improvements, requiring all adult beneficiaries’ approval or the court. In Scotland, renovation depends on the executor’s powers and duties rather than on a special statutory renovation rule.

        Can an executor extend the lease on the estate's flat?

        An executor may deal with the estate flat’s own long lease, but lease-extension rights depend on the lease type and the post-2025 statutory scheme; this is separate from renewing the tenant’s rental tenancy. In England and Wales, the old special flats provision for personal representatives was removed from 31 January 2025: the legislation note says “S. 39(3A) omitted.” For houses, personal representatives may still claim the freehold or an extended lease, but “not later than two years after the grant of probate or letters of administration.” For flats, the premium is valuation-driven; where the existing lease exceeds 80 years, “the marriage value shall be taken to be nil.” A tenant’s tenancy renewal is a different question: a landlord can grant a new tenancy, and Housing Act 1988 section 5 prevents a statutory periodic tenancy where the tenant gets another tenancy of substantially the same dwelling. Scotland has no equivalent 1993-style flat lease-extension scheme; Northern Ireland has separate statutory enlargement rules.

        Can an executor buy a property from the estate?

        An executor can buy estate property only if the will authorises it, all beneficiaries give fully informed consent, or the court approves it; otherwise the self-dealing purchase is voidable by a beneficiary as of right. The Court of Appeal states the basic rule clearly: “If the conditions are not satisfied, the basic principle is that the transaction is voidable by any beneficiary as of right.” Paying full market value does not by itself cure the conflict, because the executor is both seller’s fiduciary and buyer. The statutory power to deal with land also does not override equity: trustees’ land powers “shall not be exercised in contravention of… any rule of law or equity.” The safe route is an independent valuation, full disclosure, separate legal advice for the beneficiaries, a written authority or consent process, and court approval where anyone lacks capacity, is a minor, refuses, or may later challenge the sale.

        Can an executor delay selling the property?

        Yes, an executor can delay selling a property in England and Wales if the delay is a proper estate-administration decision, but there is no general right to sit on the property indefinitely. The Administration of Estates Act 1925 gives the familiar executor’s year rule: “a personal representative is not bound to distribute the estate of the deceased before the expiration of one year from the death.” That is a protection against pressure to distribute, not a licence to neglect the estate. Inheritance Tax may create cash pressure, because GOV.UK says: “You must pay Inheritance Tax by the end of the sixth month after the person died,” although instalments can apply for land. A delay to obtain probate, clear title, deal with a tenant, or avoid a distressed sale is different from refusing to act. Northern Ireland expressly requires distribution as soon as reasonably practicable; Scotland commonly works around a six-month creditor period.

        Do all the executors have to agree before the property can be sold?

        In England and Wales, all proving personal representatives normally have to concur in a conveyance of estate realty, unless the court orders otherwise or only some named executors have taken the grant. The Administration of Estates Act 1925 says that where there are two or more personal representatives, a conveyance of real estate “shall not… be made without the concurrence therein of all such representatives or an order of the court.” But if probate is granted to only one or some of the named executors, the proving executor or executors can convey without the non-proving executors; section 8 says their powers are effective “as if all the persons named as executors had concurred therein.” Beneficiaries do not normally have to sign off a sale unless their consent is needed for a conflict transaction or the will/trust structure requires it. Northern Ireland is similar. Scotland can allow majority action depending on the executor/trustee structure.

        What can you do about an executor who will not engage?

        In England and Wales, an uncooperative or unresponsive executor can be pushed pre-grant by citation, passed over in special circumstances, or removed/substituted by the High Court after grant. A citation to accept or refuse a grant may be issued by someone who would be entitled if that executor renounced; the probate rules say such a citation may be issued by “any person who would himself be entitled to a grant.” Where court action is needed, section 50 of the Administration of Justice Act 1985 lets the court appoint a substituted personal representative or, where there are several, “terminate the appointment of one or more, but not all.” Northern Ireland has similar substitution powers and additional land-transfer/sale powers after one year. Scotland is materially narrower: the statutory removal route covers insanity, incapacity, or six months’ absence or disappearance, not mere refusal to reply, so executor deadlock there is harder to solve without fitting another remedy.

        Who has more power, the executor, the beneficiaries or the next of kin?

        The executor has the legal power to administer the estate property; beneficiaries have beneficial rights to due administration, and next of kin have no automatic authority unless they become personal representatives. In England and Wales, estate real property “shall on his death… devolve… on the personal representative,” even if the will ultimately leaves it to a beneficiary. Where there is a will, the probate priority rule starts with “the executor,” not the residuary beneficiary. If there is no will, GOV.UK says the most entitled person “can apply to become the administrator of the estate,” which means next of kin status is a route to applying, not an estate office in itself. Beneficiaries can challenge misconduct, demand accounts and seek court remedies, but they do not normally sign tenancy notices or conveyances merely because they inherit. Scotland vests the estate in the confirmed executor for administration; Northern Ireland vests real estate in personal representatives.

        Can you refuse to act as executor once you have been named?

        Yes, in England and Wales a named executor can refuse to act before taking on the role by renouncing probate or by having power reserved, and probate does not have to be granted first. GOV.UK says: “You can give up your right to apply for probate or appoint someone else to apply for you.” Formal renunciation is usually by PA15, which HMCTS describes as giving up the role “permanently,” and the form requires the executor to declare that they have not intermeddled in the estate. Once someone acts unequivocally as executor, they risk losing the right to renounce; the Court of Appeal described that as the risk that “she would then lose her right to renounce probate.” A renunciation can be retracted only with court permission. Northern Ireland differs because a non-joining executor’s right is automatically reserved; in England and Wales, power reserved must be communicated.

        Is an executor personally liable for the estate's debts after distributing it?

        An executor in England and Wales can become personally exposed to unknown estate debts after distribution unless they have used the statutory notice protection or otherwise retained enough to meet liabilities. Trustee Act 1925 section 27 is the main shield: after the notice period, personal representatives may distribute having regard only to claims “of which the trustees or personal representatives then had notice” and are not liable to unknown claimants for the property distributed. The notice is protective rather than compulsory, which is why skipping it is risky rather than automatically unlawful. A late utility bill on the deceased’s rental property remains an estate debt, but if the estate money has gone and the executor distributed without protection or adequate enquiries, the creditor may pursue the executor personally. Family provision claims are separate: the 1975 Act protects distribution after six months from the first grant against liability merely for not waiting for a possible late claim. Northern Ireland has a similar notice shield; Scotland works around a six-month creditor period.

        Last reviewed September 2026.

        Sources

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