Can I stay in a rented property after a tenant dies if I lived with them?

Possibly, if you qualify as a successor (such as a spouse, partner, or family member who lived there for at least 12 months). Apply to the landlord and seek advice if unsure.

How does a landlord end a tenancy after a tenant’s death?

For private tenancies, the landlord must serve a Notice to Leave to the executor or next of kin giving the required notice period.

I am the executor—what happens if no one can succeed the tenancy?

The tenancy becomes part of the deceased tenant’s estate. You may need to end the tenancy formally and arrange to clear the property per landlord guidelines.

What if the landlord tries to evict someone unfairly after the tenant dies?

You have a right to challenge the landlord’s actions at the First-tier Tribunal for Scotland (Housing and Property Chamber). Seek legal advice promptly.

Are there any time limits to apply for succession in social housing?

Yes, usually you must apply within 28 days of the tenant’s death. Check with your landlord for exact requirements.

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

Unusual & Special Tenancy Situations Scotland published: June 29, 2025

Dealing with the death of a tenant is never easy, but understanding your rights and responsibilities can help make the process a bit less stressful. If you are a family member, flatmate, or representative of a tenant who has passed away in Scotland, it's important to know what happens to the tenancy, what steps to take, and what legal protections exist under Scottish law.

Tenancy Types Affected by Death in Scotland

The outcome after a tenant’s death depends mainly on the type of tenancy:

Private Residential Tenancies (PRT): Most private tenants since December 2017 will have a PRT, governed by the Private Housing (Tenancies) (Scotland) Act 2016.
Assured or Short Assured Tenancies: Older tenancies may fall under the Housing (Scotland) Act 1988.
Scottish Secure Tenancies: Social and council tenancies, regulated by the Housing (Scotland) Act 2001.

Knowing which type of tenancy applies is the first step. Most renters today will have a Private Residential Tenancy (PRT), but some social tenants or those in older agreements may have different rights.

What Happens Immediately After the Death of a Tenant?

When a tenant dies, the tenancy does not end automatically. What happens next depends on whether anyone else was living with the tenant and the form of tenancy.

If the tenant lived alone: The tenancy forms part of their estate. The landlord may seek to end the tenancy, but there are strict legal steps to follow.
If there were joint tenants or someone eligible for succession: The tenancy may continue or be transferred (succession) to certain qualifying persons.

Succession Rights in Private Tenancies

Under the Private Housing (Tenancies) (Scotland) Act 2016, a private residential tenancy can pass to a qualifying successor, such as:

A joint tenant
A spouse, civil partner, or cohabiting partner who was living with the tenant at the time of death and for at least 12 months before
A family member (including children, parents, and others) who was residing with the tenant at the time of death for at least 12 months prior

If no qualifying person is living in the property, the landlord can take steps to end the tenancy. Otherwise, eligible survivors may take over the tenancy on the same terms.

What Steps Should You Take?

Here’s what to do if you are dealing with a tenancy after a tenant’s death in Scotland:

Notify the landlord or letting agent as soon as possible and provide a copy of the death certificate.
Check who else is living in the property and whether they have succession rights.
For social (council or housing association) tenancies, let the landlord know about any family members wishing to succeed the tenancy within 28 days.
If you are the executor, you may need to deal with ending the tenancy and removing belongings.

Ending the Tenancy: Legal Requirements and Forms

Ending a tenancy due to the tenant's death generally requires formal notice:

For PRT, the landlord should serve a Notice to Leave to the executor or next of kin, usually with 28 days' notice.
For social housing tenancies, the landlord often works directly with family/the executor and may require a Notice of Termination letter. Check with the specific council or housing association for the correct process and official forms.

Key Official Forms and Links

"Notice to Leave" (No form number for PRT): Used by landlords to end a Private Residential Tenancy after a tenant’s death. The notice must be provided to the executor or anyone acting on behalf of the deceased’s estate. See the Scottish government notice guidance and template.
Example: The landlord serves the Notice to Leave to the next of kin, giving at least 28 days for the property to be cleared.
Succession Application (for social tenancy): If you wish to inherit (succeed to) a Scottish Secure Tenancy, you must apply to your landlord, typically in writing or via a form provided by your local council or housing association. Scottish government guide to tenancy succession.
Example: A spouse who lived in the property for over a year completes the council’s succession form to take over the tenancy.

If you’re unsure of your tenancy type or next steps, contact your local council's housing department or seek advice from Shelter Scotland for guidance.

What if There Are Disputes or Problems?

If disputes arise—for example, about who is entitled to succeed to the tenancy or the landlord’s process for recovering the property—these can be referred to the official tribunal:

First-tier Tribunal for Scotland (Housing and Property Chamber) handles disputes between tenants, landlords, and others relating to residential tenancies, including those following the death of a tenant.

This tribunal ensures both parties’ rights are protected, and decisions are based on current law.

FAQ

Can I stay in a rented property after a tenant dies if I lived with them?
Possibly, if you qualify as a successor (such as a spouse, partner, or family member who lived there for at least 12 months). Apply to the landlord and seek advice if unsure.
How does a landlord end a tenancy after a tenant’s death?
For private tenancies, the landlord must serve a Notice to Leave to the executor or next of kin giving the required notice period.
I am the executor—what happens if no one can succeed the tenancy?
The tenancy becomes part of the deceased tenant’s estate. You may need to end the tenancy formally and arrange to clear the property per landlord guidelines.
What if the landlord tries to evict someone unfairly after the tenant dies?
You have a right to challenge the landlord’s actions at the First-tier Tribunal for Scotland (Housing and Property Chamber). Seek legal advice promptly.
Are there any time limits to apply for succession in social housing?
Yes, usually you must apply within 28 days of the tenant’s death. Check with your landlord for exact requirements.

Conclusion: Key Points to Remember

The death of a tenant does not automatically end most Scottish tenancies.
Certain people may have the right to take over (succeed) the tenancy, especially in social housing or PRTs.
Official processes, notice periods, and forms are required. The landlord can't simply reclaim the property without following legal steps.

If you are affected, check your tenancy type first, contact the landlord, and seek advice from official channels or advice agencies if unsure.

Need Help? Resources for Renters

Scottish Government: Tenancy Rights Overview
First-tier Tribunal for Scotland (Housing and Property Chamber)
Shelter Scotland – Free Housing Advice
Citizens Advice Scotland
Contact your local council’s housing department for official succession forms and guidance.