The death of a tenant is a difficult situation for everyone involved. Alongside supporting the tenant’s family where appropriate landlords also need to understand their legal responsibilities and how the tenancy is affected.
The correct course of action depends on whether the tenancy was held jointly or by a sole tenant.
If the tenancy is held jointly
Where two or more tenants signed the tenancy agreement as joint tenants the tenancy does not end when one tenant dies.
Instead the surviving joint tenant (or tenants) automatically becomes responsible for the tenancy through the legal principle of survivorship. The tenancy continues under the existing agreement and the remaining tenant remains responsible for paying the rent and complying with the tenancy terms.
If the tenant was the sole tenant
If the deceased was the only named tenant the tenancy does not automatically end.
The tenancy becomes part of the tenant’s estate and continues until it is legally brought to an end. During this time landlords should avoid entering the property or re letting it without following the correct legal process.
In most cases landlords will deal with the tenant’s executor or where there is no will the administrator of the estate.
What happens to the tenancy?
The executor or personal representative is responsible for dealing with the tenancy and the estate’s obligations.
For periodic tenancies succession rights may apply in certain circumstances. Depending on the tenancy type, a spouse, civil partner or another qualifying person may have the legal right to succeed to the tenancy.
Can a landlord regain possession?
If nobody is entitled to succeed to the tenancy landlords can normally recover possession by following the appropriate legal process.
Landlords should not assume that a tenancy ends automatically following a tenant’s death or simply change the locks without following the correct procedure.
What if there is no executor or next of kin?
When a tenant passes away with no next of kin or a will the tenancy does not automatically end. In England you must serve a formal written notice addressed to the Personal Representative of the deceased at the property address and register it with the Public Trustee to legally reclaim your property. It costs £40 to apply to the Public Trustee and you cannot gain possession until they tell you it is okay to enter the property
Legal Steps to Recover the Property
- Do not re-enter or clear items: Forcibly entering, changing locks or disposing of belongings is illegal without formal legal clearance.
- Contact authorities: Ensure the local police or coroner are aware if the death occurred on the premises and if no one else has done so
- Engage the Public Trustee: Apply through official government guidance to handle the vacant tenancy status when no personal representatives exist.
- Bona Vacantia: Unclaimed estates and ownerless goods pass to the Crown through the Bona Vacantia Division (BVD) of the Government Legal Department.
Managing Rent and Deposit
- Rent liability: Rent technically continues to accrue as part of the deceased’s estate until the tenancy is legally ended, though recovering it may require claiming against the estate.
- The deposit: Do not touch the tenancy deposit handle it through the formal deposit protection scheme rules once possession is resolved.
What about older tenancy types?
Some long standing tenancies including protected or statutory tenancies under the Rent Act 1977 have different succession rules.
Although these tenancies are now relatively rare they can provide additional succession rights for qualifying family members. If you manage one of these tenancies it is advisable to seek specialist legal advice before taking any action.
We’re here to help
Every situation is different and dealing with the death of a tenant can be both sensitive and legally complex.
If you’re unsure how to proceed the Horizon Lets team can guide you through the next steps and help ensure the correct legal process is followed while supporting everyone involved with professionalism and compassion.
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