What Happens When a Tenant Dies: Landlord's Legal Guide 2026

When a tenant dies, landlords often face uncertainty about their obligations — whether to enter the property, who to deal with, and what happens to the tenancy. The rules differ depending on whether the tenancy is a sole tenancy or a joint tenancy, and whether anyone in the property has succession rights.

What happens to a sole tenancy when the tenant dies?

When a sole tenant dies, the Periodic Assured Tenancy does not end automatically. It passes to the deceased tenant's estate and becomes an asset of the estate.

• The tenancy passes to the estate: The executor (if there is a will) or administrator (if intestate) becomes responsible for the tenancy on behalf of the estate
• Rent continues to accrue: Rent continues to accrue against the estate from the date of death until the tenancy is lawfully ended
• The landlord cannot re-enter: You have no right to enter the property or treat the tenancy as ended simply because the tenant has died. Doing so could constitute illegal eviction — a criminal offence
• Succession rights must be checked first: Before doing anything, check whether any person living in the property has a right to succeed to the tenancy (see below)

Succession rights on a Periodic Assured Tenancy

Under the Housing Act 1988, a person may succeed to a Periodic Assured Tenancy (formerly an AST that has converted to a PAT under the Renters' Rights Act 2025) in two circumstances:

• Spouse or civil partner succession: A surviving spouse or civil partner who was living at the property as their only or principal home at the time of the tenant's death has a statutory right to succeed. The tenancy continues in their name — it does not end and no new tenancy needs to be granted
• One succession only: Succession is limited to one. If the original tenancy was itself already a successor tenancy, no further succession is available
• Contractual succession: A tenancy agreement may extend succession rights to other cohabitees — check the specific tenancy agreement
• No successor occupier: If no one in the property qualifies for succession, the tenancy remains part of the estate and you must deal with the executor

Ground 7 — possession following death of a sole tenant

If no successor exists, you can seek possession using Ground 7 (discretionary) of Schedule 2 to the Housing Act 1988. This ground applies where the periodic tenancy has devolved under the will or intestacy of the deceased former tenant.

• Notice period: 2 months' Section 8 notice citing Ground 7
• Time limit: Possession proceedings under Ground 7 must be commenced within 12 months of the death of the former tenant. If you miss this window, Ground 7 is no longer available and you will need another ground or the estate's agreement to surrender the tenancy
• Discretionary ground: Ground 7 is discretionary, meaning the court has a discretion whether to order possession even if the ground is established. In practice, courts will generally order possession where no one with succession rights is in occupation
• Serving the notice: A Section 8 notice citing Ground 7 should be addressed to 'The Estate of [Deceased Tenant's Name]' and served at the property. Also send a copy to any known executor or administrator
• County Court claim: If the notice period expires without the property being vacated, apply to the County Court using Form N5B

What happens on a joint tenancy when one tenant dies?

Joint tenancies behave differently on a tenant's death. Most residential joint tenancies are held as beneficial joint tenants, not tenants in common, which triggers the right of survivorship:

• Right of survivorship: On the death of one joint tenant, their interest in the tenancy passes automatically to the surviving joint tenant(s). The tenancy does not pass to the deceased's estate
• Tenancy continues: The surviving joint tenant(s) remain in the property under the same tenancy agreement. No new tenancy needs to be granted
• Rent liability: The surviving joint tenant(s) remain liable for 100% of the rent. Joint and several liability continues
• Deposit: The deposit continues to be held for the tenancy, now effectively for the benefit of the surviving tenant(s). At the end of the tenancy, the deposit is returned to the surviving tenant(s) subject to deductions
• Adding a new joint tenant: If the survivor wishes to add a replacement housemate, a new tenancy agreement or deed of assignment should be prepared. Do not simply allow an informal occupier to move in without proper documentation

Practical steps when a tenant dies

1. Obtain confirmation of the death: Ask the next of kin or executor for a copy of the death certificate. Do not act on verbal notification alone for legal purposes
2. Identify the executor or administrator: If there is a will, the executor is named in it. If there is no will, a grant of letters of administration from the probate registry appoints an administrator. Deal with that person for all tenancy matters
3. Check for succession rights: Establish whether a surviving spouse or civil partner was living in the property as their principal home. If so, advise them of their succession rights and update your records
4. If no succession — communicate with the estate: Write to the executor setting out the rent position, the notice required to end the tenancy, and the deposit arrangements
5. Agree surrender or serve Ground 7 notice: The cleanest resolution is for the executor to surrender the tenancy — both parties agree the tenancy ends on a specified date, keys are returned, and the deposit is reconciled. If the executor will not cooperate or the estate is in dispute, serve a Section 8 Ground 7 notice
6. Inspect and agree deductions: Carry out a check-out inspection. Any deposit deductions must be agreed with the executor or resolved via the deposit scheme's dispute resolution service
7. Return the deposit to the estate: Return the deposit (less agreed deductions) to the executor for the benefit of the estate. Do not return it informally to a family member who is not the executor

Property access after a tenant's death

You cannot enter the property simply because the tenant has died. Your normal access rights apply — you need the consent of the estate (via the executor) or a court order. However, there are limited exceptions:

• Emergency: You may enter without consent in a genuine emergency (gas leak, flood, fire risk) to prevent further damage or injury
• Executor consent: If the executor gives written consent for an inspection or to remove the deceased's belongings, document this carefully
• Abandoned property: If the property appears to have been abandoned (no occupier, no response from the estate), follow the tenancy abandonment procedure rather than the death procedure — they are distinct legal situations
• Personal property: The deceased's personal property belongs to the estate. Do not remove or dispose of any items, however worthless they appear, without the executor's written authority — you could be liable for conversion