What probate solicitors need to know about managing and insuring unoccupied properties

In 2024, the number of long-term empty homes went up from a modest 4,000 to an exponential high of 265,061. This data, drawn from ongoing research and analytics from Action on Empty Homes, is a concerning reflection on the growth of unoccupied properties across the UK. 

So, why has there been such a jump in levels of unoccupied properties (the highest escalation since 2011), what are the key risks and dangers facing these vacant homes, and how as a probate solicitor can you protect your managed property through insurance?

What qualifies as an unoccupied property?

The focus here is those properties in probate that are unoccupied because the person or people living there have died or moved into permanent residential care. A long-term unoccupied property will be classified as ‘not tenanted’ or ‘lived in’ for over six months. 

Throughout the probate period following the death of the person living there, or a care transition as the occupier or tenant moves to a form of sheltered accommodation or retirement facility, you’ll be dealing with both progress and delays – which may leave the property empty for longer than expected – thus being categorised as unoccupied. 

What can go wrong in an unoccupied property?

Once a property has been empty for some time – whether that’s residential or commercial –  the chances of there being an incident within that building start to increase. After just 30 days of being vacant, standard home insurance is usually voided or restricted if a claim needs to be made, so a contingency plan and additional cover is required, such as Unoccupied Property Insurance. 

If you’re dealing with a property during the winter, this may mean frozen and burst pipes, water leaks, as well as damp. While main utilities such as central heating and electricity should be disconnected for most of the time, if these remain on, there could be gas leaks or electricity fires. And the problems may not end with soggy carpets or mould; if squatters take up residence, that’s an entirely different headache – which usually falls to whichever solicitor and legal team has been requested to deal with this, making it fall under your duty of care.

Why should you take out Unoccupied Property Insurance?

One of the most comprehensive insurance cover solutions would be Unoccupied Home Insurance,  which is recommended for protecting properties that are likely to be empty for more than 30 consecutive days. This can be tailored to meet the needs of the property in question, so will account for its primary use, any fixtures and fittings within, and how likely it is to be unoccupied. With this in place, the burden of underinsurance is removed, so even if there is a leak, burglary, or uninvited guests, this policy provides solid cover. 

For those probate specialists overseeing empty properties, there’s a plethora of insurance solutions. Cover can include:

• Cost of expensive repairs from water damage or malicious acts
• Cost of legal complications from unauthorised occupants – i.e. squatters
• Delays in estate distribution due to unresolved claims
• Personal liability for executors or legal representatives

By taking out Unoccupied Property Insurance you’re going further than a structural obligation; the estate is protected, legal duties are being honoured, and you’re unlikely to have to settle major disputes. 

Help from Howden

At Howden, we have a history of partnering with probate specialists working in complex property situations – and that’s provided us with plenty of experience in bespoke unoccupied insurance matters. You may also want to consider Loss Assist as part of this cover. This means that in the event of a claim, Howden can manage the entire end-to-end process from first call to fixing any damage to the property.

Any questions? Why not reach out to our specialist, Kyle Chuter at [email protected] or 01384 398329 and discover how Howden’s tailored insurance solutions can help you protect the empty homes and buildings that fall under your remit.