Staying in a Rented Property During Probate in Wales

If you’re renting in Wales and your landlord dies, you might wonder what will happen to your tenancy during the probate process. Probate is the legal process of dealing with someone’s estate after they pass away. For tenants, this situation can feel uncertain, but the law offers important protections. This guide outlines your rights and practical steps if you find yourself staying in a rented property during probate in Wales.

Understanding Probate and Your Tenancy in Wales

Probate means settling the finances and property (the estate) of someone who has died. In Wales, if your landlord dies, the property typically becomes part of the estate, and the person(s) appointed in the will (executors) or by the courts (administrators) will manage these assets.

What Happens to Your Tenancy if the Landlord Dies?

Your tenancy does not automatically end with your landlord’s death. In most cases, your current tenancy agreement—whether written or verbal—remains valid. The executor or administrator steps into the landlord’s role until the property is transferred or sold as part of probate.

• If your tenancy started on or after 1 December 2022, you’ll likely have an occupation contract under the Renting Homes (Wales) Act 2016.
• If your tenancy began before this date, you may have an older assured or assured shorthold tenancy, which is also protected during probate.

The executor or estate must follow the same rules as any landlord. You have the right to remain in your home until you are lawfully evicted or your tenancy ends according to the contract.

Your Rights as a Renter During Probate

As a tenant, your key rights under Welsh law remain in place while probate is ongoing:

• You can stay in the rental property and enjoy all usual protections.
• You must continue paying rent to the person or entity now managing the property (the executor or administrator).
• The executor must follow proper legal procedures and notice periods if they want you to leave.
• If repairs are needed, the executor or administrator becomes responsible for addressing maintenance issues.

How Probate May Affect Your Tenancy

The probate process may take several months, sometimes longer. During this time:

• You can be asked to leave only if the correct legal notice is given. For occupation contracts, this usually means a minimum notice period—for example, six months’ notice for a standard contract without a breach.
• If the property needs to be sold, the executor must still follow tenancy laws before requiring you to move.
• If you are in arrears or breach your contract, normal eviction procedures apply.

Key Forms and Where to Find Them

• Notice to End an Occupation Contract (RHW16)
  Used if the estate wishes to end a standard occupation contract. Must provide at least six months’ notice (unless for breach). Official form and guidance.
  Example: The executor wishes to sell the house and issues you an RHW16 form to bring your contract to an end.
• Possession Claim (N5B Wales)
  If you do not leave after proper notice, the estate may apply to the court using this form. Download the N5B Wales form.
  Example: You stay in the property after your contract ends and a court order is needed for eviction.

What If You Want to Stay?

In some circumstances, the executor or new landlord may allow you to remain as a renter, especially if they wish to keep the property as a rental. You may be invited to sign a new contract or continue under your existing agreement.

Always keep a record of communications and rent payments during this time.

Disputes and Getting Support

If you face issues—such as maintenance problems, unclear instructions, or worries about eviction—you can raise a complaint. In Wales, most tenancy disputes go to the Residential Property Tribunal for Wales.

When making a complaint, be clear about dates, keep written records, and, if possible, get advice from a recognised support organisation.

Tenants in Wales are protected by clear rules under the Renting Homes (Wales) Act 2016, even if your landlord dies during your tenancy.

Frequently Asked Questions

1. What should I do if my landlord dies?
   Continue paying rent and keeping records. Await formal notice from the executor/estate and contact Rent Smart Wales or Shelter Cymru for support if unsure.
2. Can I be evicted straight away after my landlord’s death?
   No. Welsh tenancy law requires the estate to serve proper notice and, if necessary, seek a court order—not immediate eviction.
3. Who is now responsible for repairs?
   The executor or new owner of the property becomes responsible for ongoing maintenance and repair obligations.
4. Does probate mean my tenancy will definitely end?
   Not necessarily. You may be allowed to stay if the new owner intends to rent out the property or you reach an agreement.

Conclusion: Key Takeaways for Welsh Renters

• You have rights during probate—your tenancy continues unless ended by correct legal process.
• The executor or estate must follow proper notice periods and may not evict you immediately.
• Always keep records and seek support if you’re unsure about anything related to your tenancy.

Need Help? Resources for Renters

• Welsh Government Housing Advice: Official tenancy guidance.
• Rent Smart Wales: Information and contacts for tenants and landlords.
• Shelter Cymru – Tenant Advice: Free advice and support.
• Residential Property Tribunal for Wales: Tribunal for tenancy disputes in Wales.
• UK Government Renting in Wales: Your legal rights as a tenant.

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1. Renting Homes (Wales) Act 2016
2. Occupation Contract Guidance – Welsh Government
3. Residential Property Tribunal for Wales
4. RHW16 Notice – Welsh Government
5. N5B Wales Possession Claim – Gov.uk

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