Ahead of World Vacant Homes Day on 8th October, we are highlighting some of the issues that stop properties from being lived in, particularly the probate paralysis, and what can be done by families, local authorities, and professionals to help unlock these homes for the benefit of local communities.
The number of empty homes in the UK have been on the rise for many years. It’s a complex problem to solve with such a wide range of underlying issues involved and one that needs a multi-agency approach.
Whilst not a single-issue problem, perhaps a significant reason for the increase in recent years is as a result of the delays at the Probate Registry in issuing grants of representation to the estates of deceased property owners and in particular intestate estates, where the property owner did not leave a will.
When someone dies without a will, delays in obtaining a grant of letters of administration can leave their property unoccupied for months—or even years.
A recent BBC article (Number of empty homes on the rise across England – BBC News) highlighted the story of Ann Devereaux, a neighbour living next to an empty property overrun by rats. In this case, the home has been left unoccupied for years and demonstrates how empty properties—regardless of ownership—can create serious nuisances for neighbours and the wider community.
Issues with intestate estates
When there is no Will, no Executor has been appointed to manage the estate. Instead, relatives (subject to intestacy laws) must apply for a Grant of Letters of Administration which in most cases have to be submitted via a paper application instead of the quicker online route offered to the majority of estates where the deceased left a valid will.
This process can take longer as the Probate Registry must establish who is entitled to act. It can become complicated if family members are estranged, unknown or difficult to trace. This can also leave the property in limbo, with nobody holding the legal authority to deal with the estate.
The results? Homes sitting empty for extended periods.
Empty homes keep properties out of circulation
When properties remain unoccupied for extended periods, they are effectively removed from the housing market. This reduces the supply of available homes for sale or rent, which can exacerbate local housing shortages. While the property sits empty, its value can also deteriorate, and opportunities for families, first-time buyers, or renters are lost.
Risks of Empty Properties
Fraud
Without an active administrator, intestate estates are highly vulnerable. Fraudsters can exploit the delay, attempting to claim ownership as highlighted in another recent BBC article.
Pest infestations
As Ann Devereaux’s experience shows, unoccupied homes are ideal breeding grounds for rats and other pests. Infestations rarely remain contained and can spread quickly to neighbouring properties, creating serious public health concerns.
Antisocial behaviour
Empty homes often attract unwanted activity including squatting and vandalism. These often cause distress to neighbours and extra costs for local authorities.
Practical steps
To reduce the risks associated with empty properties in intestate estates:
- Apply for a Grant of Representation as soon as possible to gain legal authority to manage and deal with the estate.
- Secure/take steps to protect and maintain the property.
- Engage the services of a reputable genealogist to help locate the persons entitled to administer the estate.
- Register the property with the Land Registry’s Property Alert monitoring service.
- Where appropriate, obtain urgent interim legal authority to manage the estate whilst a full grant can be obtained such as via a grant ad colligenda bona.
- Seek specialist legal advice early.
Conclusion
Empty homes are more than an inconvenience – they keep properties out of circulation, reduce housing availability and become hotspots for fraud, infestations and antisocial behaviour. For intestate estates, the delays in obtaining a Grant of Letters of Administration amplify these problems, leaving homes in limbo and the local community bearing the consequences.
The solution lies in prompt and proactive action. Families should act quickly to apply for a grant and seek expert legal guidance to prevent unnecessary delays. By doing so, estates can be managed effectively, properties returned to use sooner, and the risks to neighbours and communities minimised. Our specialist team at Taylor Emmet are available to discuss any questions relating to intestate estates or empty homes.
Free virtual advice clinic
As part of the inaugural World Vacant Homes Day on 8 October 2025, Taylor Emmet and Bevan Brittan are partnering to deliver a free virtual advice clinic exclusively for local authorities. For more information or to book a slot please email emptyhomes@tayloremmet.co.uk