Landlord Ground 7 Guide 2026 — Inherited Tenancy, 12-Month Window, Statutory Succession Distinction and RRA 2025

Ground 7 — when it applies, the 12-month window and statutory succession distinction

The conditions for Ground 7, the critical time limit, and how it differs from statutory succession under section 17:

• Ground 7 — the conditions and 12-month time limit: Ground 7 HA 1988 Schedule 2 Part I (Mandatory Ground): the tenancy is a periodic tenancy that has devolved under the will or on the intestacy of the former tenant; AND proceedings for the recovery of possession are begun not later than 12 months after the death of the former tenant; OR (if the court so directs) proceedings are begun not later than 12 months after the date on which the landlord became aware of the death. The 12-month time limit is a hard deadline — courts have no general power to extend it beyond the discretion to apply the 'knowledge of death' alternative if the landlord was not promptly informed. Landlords who are not told of a tenant's death promptly should document when they first became aware (email; letter from solicitor; visit to property) and rely on the alternative 12-month calculation. Practical steps on learning of a tenant's death: (1) write to the estate (executor; solicitors dealing with estate; personal representative) acknowledging the death and seeking information on the estate's intentions for the tenancy; (2) check whether there is a surviving spouse/civil partner/cohabiting partner who was living in the property — if so, statutory succession may have occurred (see below); (3) if no qualified successor, seek legal advice promptly about Ground 7 and issue notice well within the 12-month window; (4) do not simply leave the property empty indefinitely — Ground 7 rights expire; also consider rent liability on the estate during the continuation period. Mandatory ground: once Ground 7 conditions are established (devolving under will/intestacy + proceedings within time limit), the court must grant a possession order — there is no discretion to refuse on grounds of reasonableness (unlike discretionary grounds)
• Section 17 statutory succession — when Ground 7 does NOT apply: HA 1988 s.17 automatic succession: where a periodic assured tenancy or AST is vested in the deceased's estate, it vests automatically by operation of law in any person who immediately before the tenant's death was the tenant's spouse; civil partner; or person living with the tenant as their husband, wife or civil partner (cohabitant/common law spouse) — provided that person was occupying the dwelling as their only or main home immediately before the death. This statutory succession happens automatically — no action is required by the survivor; no application to the landlord needed; no grant of probate required. The survivor becomes the new tenant on the same terms as the original tenancy. Ground 7 does NOT apply: because the tenancy has not 'devolved under the will or intestacy' — it has passed by statute, not through the estate. The landlord cannot use Ground 7 against the statutory successor; the successor has full tenant rights. One succession only: the right of statutory succession under s.17 can occur only once — if the original tenancy was itself a succession (under s.17), there is no further statutory succession on the successor's death; any subsequent death results in devolution through the estate and Ground 7 applies. Mixed situations: where the deceased tenant lived alone (no spouse/partner/cohabitant): no s.17 succession; tenancy passes to estate; Ground 7 available. Where the deceased lived with a qualifying partner but that partner did not occupy as only/main home: no s.17 succession; Ground 7 may apply. Where the deceased's adult child lived in the property: not a qualifying person for s.17 succession (not spouse/partner); tenancy to estate; Ground 7 available. Evidence the landlord should collect: death certificate; details of who was residing in the property at date of death; details of any will or letters of administration being granted

Notice requirements, rent liability on the estate, RRA 2025 and devolved positions

How to serve a Ground 7 notice, rent during the continuation period, and the position across the devolved nations:

• Notice requirements, rent during estate continuation and RRA 2025: Notice: Section 8 notice specifying Ground 7 (and any other grounds being relied on); minimum 2 months' notice for Ground 7. From 1 May 2026 in England (RRA 2025), the Section 8 form is replaced by a new prescribed notice — check current prescribed notice requirements and minimum notice periods at time of service. The notice should be served on the personal representative of the estate (the executor named in the will; or the administrator if dying intestate — administrator appointed by probate registry). If no grant of probate or letters of administration has been obtained, serve on the estate generally (addressed to 'The Personal Representative of [deceased's full name]') at the property address. Rent liability on the estate during continuation: the tenancy continues after death and rent accrues as a liability of the estate — the executor/administrator is responsible for paying rent from estate funds during the continuation period until possession is recovered or the estate renounces the tenancy (by surrender). Landlords should write to the estate seeking rent; if unpaid, the estate is in arrears and additional grounds (Ground 8; Ground 10) may supplement Ground 7. RRA 2025 (England from 1 May 2026): Ground 7 is retained as a mandatory possession ground under the Renters' Rights Act 2025; the mandatory nature is unchanged — court must grant possession if conditions are met within time limit; the new notice form and minimum notice period apply from 1 May 2026; check current requirements at time of service
• Scotland, Wales and Northern Ireland — tenant death and succession frameworks: Scotland: PRT (Private Housing (Tenancies) (Scotland) Act 2016) — on death of tenant, the PRT tenancy does not automatically transfer to a family member by statute in the same way as s.17 in England. The tenancy forms part of the estate; the executor has 6 months from the tenant's death to deal with the tenancy (either assign or terminate). A partner, family member or other occupant does not automatically become the tenant. The landlord can serve a Notice to Leave on the executor specifying the relevant ground (or absence of a right to occupy). Practical advice for Scottish landlords: engage with the executor promptly; a continued tenancy with no rent being paid creates financial risk; the executor should either arrange to pay rent or surrender the tenancy as soon as practicable. Wales: Welsh Occupation Contracts (RHWA 2016) — the succession provisions for occupation contracts differ from HA 1988; the RHWA 2016 ss.74-76 deal with the death of a sole contract-holder; the occupation contract does not automatically end on death; a 'successor' (priority successor: spouse/civil partner/cohabitant; reserve successor: family member who was residing) may succeed to the occupation contract; the landlord's ability to recover possession on death depends on whether a priority or reserve successor exists; Welsh-specific legal advice is essential for death of tenant situations. NI: Private Tenancies (NI) Order 2006 — the tenancy may pass to the deceased's estate; similar principles to England apply but under NI-specific legislation; no direct Ground 7 equivalent — possession on death of tenant requires notice-to-quit served on estate; NI-specific legal advice recommended

Frequently asked questions