New Year Preparation For Vacant and Empty Properties

Probate & Court of Protection Considerations After Christmas and Winter Weather

As the Christmas holidays draw to a close and professionals return to work, vacant properties held under Probate or the Court of Protection often require immediate attention. Extended periods of closure combined with winter weather can significantly increase the risk of damage, deterioration, and insurance issues. A proactive New Year check is essential to protect the property’s value and ensure ongoing compliance with legal and insurance obligations.

Why the New Year Is a Critical Time

During the festive period, many empty properties are left unattended for several weeks. Cold temperatures, storms, heavy rainfall, and even snowfall can expose underlying issues that may have gone unnoticed earlier in the year. Burst pipes, roof damage, blocked gutters, damp ingress, and security breaches are all more common during winter months — particularly in vacant homes where problems are not immediately detected.

For executors, deputies, and solicitors, this makes early January a vital point to reassess property condition and risk.

Key Areas to Review After the Holidays

1. Heating and Plumbing

Frozen or burst pipes are among the most costly winter issues in vacant properties. Even if heating was left on a low setting, systems should be checked to ensure they are functioning correctly. Look for signs of leaks, water staining, or reduced water pressure. If the property is to remain vacant, consider whether draining the system or installing frost protection measures is appropriate.

2. Roof, Gutters, and External Areas

Winter storms can dislodge tiles, damage flashing, or block gutters with debris. A visual inspection of the roof, downpipes, fences, and boundary walls can help identify problems early before water ingress or structural damage worsens.

3. Damp, Mould, and Ventilation

Vacant properties are particularly vulnerable to damp during colder months. Poor ventilation combined with low temperatures can lead to condensation and mould growth. Opening windows briefly during inspections, checking loft spaces, and ensuring vents are clear can help reduce long-term issues.

4. Security and Access

Empty homes can attract unwanted attention, especially after prolonged absences. Check that doors and windows are secure, locks are intact, and there are no signs of forced entry or vandalism. Alarm systems, if present, should be tested and reset after power interruptions caused by winter weather.

5. Insurance Compliance

Most unoccupied property insurance policies require regular inspections — often every 7, 14, or 30 days — with written records kept. Failing to meet these conditions can invalidate cover. The New Year is an ideal time to confirm inspection schedules are being met and that insurers are informed the property remains vacant.

Legal and Duty of Care Considerations

For those acting under Probate or the Court of Protection, there is a clear duty to preserve the value of the asset. Neglecting routine checks or failing to address emerging issues can lead to avoidable financial loss and potential scrutiny. Demonstrating a structured inspection and maintenance plan helps evidence that reasonable care is being taken.

Planning Ahead for the Year

The New Year is also an opportunity to plan strategically. Consider whether the property will be sold, rented, or retained, and what preparatory works may be required. Regular property inspections, winter maintenance plans, and professional vacant property management services can significantly reduce risk and provide peace of mind throughout the year.

Final Thoughts

Empty properties require consistent oversight, and winter is when problems are most likely to arise. By carrying out thorough checks at the start of the year, executors, deputies, and legal professionals can minimise damage, remain compliant with insurance requirements, and protect the long-term value of the property.

Speak to the Harrisons Property Team for all your property requirements 01923 943499 or email property@harrisons-pcs.com

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