Whether you’re a landlord facing a long void period or a homeowner leaving your property empty for a few months, understanding when a property is officially classed as ‘unoccupied’ can save you from unexpected insurance issues, council tax surprises, and costly repair bills.
The term might sound simple, but in legal and insurance terms, an unoccupied property can mean different things depending on the circumstances – and getting it wrong could invalidate your property insurance cover.
Here’s what you need to know.
What does ‘unoccupied’ really mean?
Many UK home insurance providers define a property as unoccupied or empty when it has been left without inhabitants for 30 to 60 consecutive days (the exact number varies by insurer). This applies whether the property is furnished or not.
Common examples include:
- a landlord between tenants;
- a homeowner staying abroad;
- a property undergoing renovations;
- a home in probate awaiting sale or transfer.
While a property may look lived in, if no one is sleeping there overnight for an extended period, legally it may be considered unoccupied.
Why does unoccupied status matter?
The biggest concern is insurance. Standard home or landlord insurance policies typically exclude cover for certain risks – such as theft, vandalism, water damage, and fire – if the property is deemed unoccupied and you haven’t informed your insurer.
This is because empty properties face higher risks:
- a burst pipe or roof leak may go unnoticed for weeks;
- vacant homes can attract squatters or antisocial behaviour;
- there’s a greater chance of break-ins or arson.
Without suitable unoccupied property insurance cover, you could find yourself footing the bill for damage or a denied claim.
Further reading: Guide to Unoccupied Property.
Unoccupied property during probate
If you’ve inherited a property or are acting as an executor, you may find yourself managing a home that sits empty for months. In the eyes of insurers, this still counts as an unoccupied property.
You’ll typically need to:
- inform the insurer that the property is unoccupied and in probate;
- arrange specialist unoccupied property insurance;
- take reasonable steps to secure the home and prevent damage (e.g. draining water systems, regular checks – these may also be obligations under your empty property insurance cover, so ensure you know what your responsibilities are).
What about renovation projects?
If you’re undertaking major renovations, your property may also be classed as unoccupied – even if contractors are regularly on site. This is especially the case if:
- you’ve moved out temporarily during the works;
- the property is structurally altered (e.g. removing walls or the roof);
- there is no usable kitchen or bathroom.
Standard home insurance generally does not cover buildings undergoing significant renovation. You’ll likely need a renovation insurance policy or to extend your cover with your existing provider to include empty property protection.
Further reading: Guide to Renovating.
Void periods for landlords
If you’re a landlord, your property may be classed as unoccupied between tenancies. Even a short gap could breach your policy terms if not disclosed.
Key steps:
- check how long your landlord insurance allows for void periods;
- notify your provider if your property will be empty for more than the specified time.
Council tax and empty homes
Unoccupied homes can also attract council tax charges – and increasingly, penalties.
In England, for example, councils can:
- apply full council tax after two empty months;
- impose premiums of up to 4 times your normal council tax bill for a property left empty for more than 10 years;
- withdraw discounts depending on local policy.
There are exceptions for properties undergoing major repairs or in probate, but you’ll need to apply for relief and keep the council updated.
Know your obligations under your unoccupied property insurance
When insuring an empty home, it’s not just about having the most suitable policy in place – it’s also about understanding and meeting your obligations as a policyholder.
Failing to follow the terms and conditions of your unoccupied property insurance could mean a claim is refused, or even that your cover becomes void. Typical obligations may include but are not limited to:
- Regular property inspections
Many insurers require the property to be visited at regular intervals. These visits must be logged and, ideally, photographed or documented, especially in the event of a future claim.
- Maintaining minimum security standards
Insurers may insist on specific security measures being in place, such as approved locks on doors and windows, alarms, or CCTV. Check whether your policy outlines any requirements for additional security if the home will be vacant for an extended period.
- Switching off utilities
To reduce the risk of water damage or fire, you may be required to turn off mains water and gas or drain down the system. In winter, some policies instead allow for heating to be maintained at a low level to prevent frozen pipes – but you must follow the specified instructions.
- Prompt reporting of issues
If you or a representative notice any damage during a property check, it should be reported to your insurer without delay. Waiting until the next inspection or allowing the problem to worsen may impact your ability to claim.
Always read your policy schedule and terms and conditions carefully, and speak to your insurance provider if you’re unsure about any of the requirements. Keeping detailed records and staying compliant can make all the difference if you ever need to make a claim.
Further reading: Guide to Protecting your Property and Technological solutions for monitoring unoccupied properties.
Getting the most suitable unoccupied property insurance
Understanding when a property is legally considered unoccupied – and acting on it – can protect your finances, meet your legal responsibilities, and avoid unnecessary stress. Whether you’re dealing with probate, a renovation, or a tenant void, the key is to be proactive.
Specialist unoccupied property insurance gives you peace of mind when a home is left empty. If you’re unsure what cover you need or how long your property can remain unoccupied under your existing policy, speak to us today.
Disclaimer: This article is for general information purposes only. While every effort is made to ensure the information is accurate and up to date at the time of publication, regulations and insurance terms may change. Always consult with your insurance provider or a qualified adviser before making decisions regarding your property.
