The death of a tenant is always a difficult and sensitive matter. Beyond the personal impact, it can also raise important legal and practical questions for landlords and letting agents. At Horizon Lets, we understand how stressful such situations can be, and we are here to provide clarity and support for landlords.
One of the most important points to bear in mind is that a tenancy agreement does not automatically end upon the death of a tenant. The next steps will depend on the type of tenancy and whether the tenant left a valid will.
If the tenant left a will
The Executors named in the will are responsible for managing the estate, including tenancy matters. Landlords should request sight of the Grant of Probate and identification, to confirm that the Executors have the authority to act. In most cases, you will then work with the Executors to arrange a mutual surrender of the tenancy, deal with any outstanding rent, and arrange for the tenant’s belongings to be collected.
If the tenant died intestate (without a will)
In these circumstances, the tenant’s next of kin will usually take responsibility. They may need to apply for Letters of Administration in order to deal with the estate. Where no next of kin can be identified, the matter will usually fall to the Public Trustee. In such cases, landlords must follow the correct process to regain possession of the property, which includes serving written notice and registering it with the Public Trustee.
Joint tenancies
If the tenancy was held jointly, the surviving tenant automatically becomes the sole tenant. They inherit full liability for the rent and obligations under the tenancy agreement.
Succession rights
The rules differ depending on whether the tenancy is an Assured Shorthold Tenancy (AST) under the Housing Act 1988 or a statutory tenancy under the Rent Act 1977. In some cases, succession rights may pass to a spouse, civil partner, or family member residing in the property at the time of death.
Practical considerations for landlords include:
- Recovery of rental arrears (though these may only be payable from the estate)
- Handling and return of the deposit
- Lawful access to the property
- Ending or transferring the tenancy in line with the law
It is worth noting that possession proceedings may be necessary if Executors, next of kin, or other occupants fail to cooperate with the process.
At Horizon Lets, we combine professionalism with sensitivity. We support landlords through every stage of the tenancy lifecycle, including complex and delicate circumstances such as the death of a tenant.
If you are a landlord and require guidance, please contact our team for confidential advice and assistance.
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