What Happens to a Tenancy When a Tenant Dies in England?

The death of a tenant can cause anxiety and uncertainty for family, housemates, or landlords. In England, the process varies based on the type of tenancy—whether it’s a council, housing association, or private tenancy. This guide explains your rights, what actions to take, and what happens next, with clear references to the law and official forms.

How Different Tenancy Types Are Affected by a Tenant's Death

What happens after a tenant’s death depends on the tenancy type. The procedures and rights involved are different for social and private renters.

Council and Housing Association Tenancies

Many social housing tenants have secure or assured tenancies. When a tenant dies, the right for someone else to take over is called succession. Under most circumstances, only certain close relatives, spouses, or civil partners can succeed.

• Secure tenants (council housing): The Housing Act 1985, Section 87 gives the right of succession to the tenant’s spouse or civil partner, as long as the property was their main home when the tenant died. In some cases, other family members who have lived with the tenant for at least 12 months may qualify.
• Assured tenancies (housing associations): The Housing Act 1988, Section 17 provides for succession, usually to a spouse, civil partner, or cohabiting partner.

There is generally only one statutory succession allowed by law. If a previous succession has occurred, further rights may depend on the tenancy agreement.

Private Tenancies

For assured shorthold tenancies (ASTs), which are most common in the private sector, the tenancy usually forms part of the tenant's estate upon death. The tenancy doesn’t automatically transfer to someone else, unless there’s a joint tenancy or a clause in the agreement. The landlord may serve notice on the executor or next of kin to end the agreement.

Key Actions After a Tenant Dies

Relatives or executors should notify the landlord or housing provider as soon as possible, provide a copy of the death certificate, and discuss next steps. Here’s what generally happens:

• Check the tenancy agreement: Look for details about succession rights or what happens upon death.
• Notify relevant parties: Inform the landlord, housing office, or managing agent in writing, and send a death certificate.
• Deal with belongings: Executors or next of kin are responsible for clearing the property. Rent and utilities may be owed until the tenancy formally ends.

If there is no eligible successor and the tenancy is not ended by notice, the agreement and liabilities transfer to the tenant’s estate until termination.

Official Forms and Practical Steps

• Notice to Quit (Form NTL2): Used by the executor of a deceased sole tenant to end a secure or periodic tenancy. You must give four weeks' notice.
  Example: If your late parent had a secure council tenancy, you’d serve a Notice to Quit (NTL2) to the council to formally end the tenancy.
• Death Notification Form (local authority): Some councils provide a specific online form or process. Check your local authority’s website for official steps (find your local council here).

If you’re unsure, always contact your landlord, housing office, or seek advice from Citizens Advice or Shelter before returning the keys to avoid extra rent charges.

Joint Tenancies and Death

With joint tenancies, when one tenant dies, the tenancy usually passes automatically to the surviving joint tenant(s). This applies to both private and social tenancies under the rules of survivorship law in the UK.
If you are a remaining tenant, let your landlord know promptly and provide the death certificate to update records.

What If Someone Remains in the Property After the Tenant's Death?

Where a person remains in the property but does not have a right to succeed, the landlord may seek possession through the courts. This is handled by the First-tier Tribunal (Property Chamber) for residential tenancies in England, or by requesting a possession order from a county court.

Relevant Legislation

• Housing Act 1985 (council/some housing association tenancies)
• Housing Act 1988 (private and housing association assured tenancies)
• Rent Act 1977 (protected/regulated tenancies)

FAQ: Tenancy Succession and What Happens Next

1. Who is allowed to take over a tenancy after the tenant dies?
   Generally, only a spouse, civil partner, or a family member who lived in the property for at least 12 months before the tenant’s death may succeed to a secure or assured tenancy. For private tenancies, the right to take over is rare unless you’re a joint tenant or it’s in the agreement.
2. What should the executor or family do immediately after the tenant dies?
   Notify the landlord or housing provider in writing, provide a death certificate, and ask for guidance on ending or transferring the tenancy. Do not return keys until liability for rent is clear.
3. Is rent still due after the tenant dies?
   Yes, the tenant’s estate is usually responsible for rent and charges until the tenancy formally ends. Liabilities are settled by the executor or administrator.
4. Can a landlord evict occupiers who do not have succession rights?
   Yes, if someone living in the property does not have the right to succeed, the landlord can apply for possession through the courts or tribunal.
5. Which official tribunal deals with tenancy and possession matters in England?
   The First-tier Tribunal (Property Chamber) handles some tenancy disputes; county courts handle possession orders.

Conclusion: Key Takeaways

• Succession rights depend on tenancy type and relationship to the deceased tenant.
• Always confirm procedures with your landlord or housing provider before taking action.
• Use official forms and consult up-to-date government resources to protect your legal rights.

Dealing with a tenancy after a death can be complex, but official channels and support services can help guide you.

Need Help? Resources for Renters

• Housing, local and community help – GOV.UK
• First-tier Tribunal (Property Chamber) – Official site
• Citizens Advice: If a tenant dies
• Shelter England: What happens if a tenant dies?
• Find your local council

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1. [1] Housing Act 1985, Section 87
2. [2] Housing Act 1988, Section 17
3. [3] Notice to Quit (NTL2) – GOV.UK
4. [4] First-tier Tribunal (Property Chamber)
5. [5] Rent Act 1977, Section 3

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