Tenancy Succession UK 2026 — Landlord Guide When a Tenant Dies

Statutory succession rights — who qualifies

• Spouse or civil partner: statutory succession right if occupying the property as their only or principal home at the time of the tenant's death
• Cohabitee: person living with the tenant as their partner has a succession right if they occupied the property as their only or principal home at death
• Other family members: adult children, parents, siblings do NOT have a statutory succession right in the private rented sector (unlike social housing secure tenancies)
• One succession only: statutory succession can only occur once — if the tenancy has already been succeeded, no further succession is possible on the successor's death
• Joint tenancies: where the property is let on a joint tenancy, the surviving joint tenant continues by right of survivorship — succession rules under s.17 do not apply

Where no successor exists — the estate and Ground 7

• Tenancy vests in the estate: where no qualifying successor exists, the tenancy passes to the deceased's estate and continues under the personal representative
• Personal representative responsibilities: responsible for paying rent, maintaining the property, and ending the tenancy by notice or surrender
• Ground 7 possession: available where the tenancy has devolved to the estate and no qualified successor exists — Section 8 notice required (minimum 2 months' notice), proceedings must begin within 12 months of death
• 12-month limitation: fail to begin proceedings within 12 months of the tenant's death and Ground 7 is unavailable — proceed via estate surrender or another ground
• Unrepresented estate: where there is no personal representative and no one is managing the estate, the court can grant possession under Ground 7 even without an active counterparty

Practical steps for landlords

• Step 1: verify the death and identify who is in the property — check for qualifying succession rights before taking any action
• Step 2: secure the property if vacant (after notifying the estate) — photograph condition on entry to establish dilapidations baseline
• Step 3: contact the personal representative in writing — confirm tenancy terms, request confirmation of who will act as PR, state rent continues until tenancy ends
• Step 4: allow the estate reasonable time to collect belongings before disposal — only after formal surrender or possession order and further reasonable notice
• Step 5: return the deposit through the scheme in the normal way — deductions for damage claimed, balance to the estate