Tenancy Succession UK 2026 — Landlord Guide When a Tenant Dies

Statutory succession rights — who qualifies under the Housing Act 1988

Section 17 of the Housing Act 1988 governs statutory succession for assured (including assured shorthold) tenancies:

• Who can succeed — spouse or civil partner: The tenant's spouse or civil partner (as defined under the Civil Partnership Act 2004) has a statutory right to succeed to an assured tenancy if they were occupying the property as their only or principal home at the time of the tenant's death. A spouse or civil partner who was living elsewhere at the date of death does not have a succession right based solely on their status
• Who can succeed — cohabitee: A person who was living with the tenant as their partner (not married or in a civil partnership) has a statutory succession right if they were occupying the property as their only or principal home at the time of the tenant's death. The cohabitee must have been living with the tenant in the property — a long-term partner who lived elsewhere does not have a statutory succession right
• Other family members — no statutory succession right in private sector: Under the Housing Act 1988 (private sector assured tenancies), only a spouse, civil partner, or cohabitee has a statutory succession right. Other family members (adult children, parents, siblings) who were living with the tenant do NOT have a statutory succession right. This is fundamentally different from social housing (secure tenancies under the Housing Act 1985) where a broader range of family members can succeed
• One succession only — the single succession rule: Statutory succession can only occur once. If the original tenant succeeded to the tenancy from a previous tenant (e.g., they inherited it from their own spouse), no further succession is possible on that successor's death — even if they have a qualifying partner. This means that where the tenancy has already been the subject of one statutory succession, the landlord has the right to possession on the second tenant's death without offering a further succession
• Joint tenancies: Where the property is let on a joint tenancy (to two or more tenants), the death of one joint tenant does not end the tenancy — the surviving joint tenant(s) continue under the same tenancy by operation of the right of survivorship. The statutory succession rules under s.17 Housing Act 1988 do not apply to joint tenancies in this way — succession only arises on the death of a sole tenant

Where no succession right exists — the tenancy and the estate

Where no qualifying successor exists, the tenancy passes to the deceased tenant's estate:

• Tenancy vests in the estate: Where the deceased tenant has no qualifying successor (no spouse, civil partner, or cohabitee living in the property), the tenancy does not automatically end. Instead, it vests in the deceased's estate and is administered by the personal representative (executor if there is a will, administrator if there is not). The personal representative has the same rights and obligations as the deceased tenant under the tenancy
• Personal representative responsibilities: The estate's personal representative is responsible for: paying the rent during the period the tenancy is held by the estate; maintaining the property in the same condition as required by the tenancy; and bringing the tenancy to an end by giving notice. A personal representative who allows the estate's tenancy to run without paying rent creates a debt on the estate for the rent arrears
• Ending the tenancy via the estate: The personal representative can bring the tenancy to an end by giving the landlord the appropriate notice. For a periodic tenancy (now all tenancies under RRA 2025), notice must be at least the length of one period of the tenancy (e.g., one month for a monthly tenancy). The landlord should contact the estate's solicitors or the personal representative to agree a surrender or to serve a notice of seeking possession
• Where the estate is unrepresented: In some cases, there is no will, no known next of kin, and no personal representative — the estate is effectively unrepresented. In this situation, the landlord may need to apply to the court for an order for possession under Ground 7. The court can grant possession where the tenancy has devolved under the will or intestacy of the former tenant — even where the estate has no active personal representative
• Rent during the void period: The landlord should not assume the property is empty and stop collecting rent — rent continues to be due until the tenancy is properly ended. However, in practice collecting rent from an estate can be difficult. The landlord should document all rent demands in writing to the personal representative to preserve the right to claim arrears

Ground 7 — possession where no succession right exists

Ground 7 allows a landlord to recover possession after a tenant's death where no one has a succession right or where the tenancy has passed to the estate:

• What Ground 7 covers: Ground 7 of Schedule 2 to the Housing Act 1988 applies where: the tenancy has devolved under the will or intestacy of the former tenant AND the 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, after the date when the landlord became aware of the death). Ground 7 is a discretionary ground — the court has discretion whether to grant possession even if the ground is made out (though in practice possession is normally granted where no one has a valid claim to remain)
• 12-month limitation period: The landlord must begin possession proceedings within 12 months of the tenant's death (or of the landlord becoming aware of the death). Failure to commence proceedings within this period means Ground 7 is no longer available — the landlord would need to rely on a different ground (e.g., rent arrears if rent has not been paid by the estate) or rely on the personal representative giving notice
• Section 8 notice — serving notice under Ground 7: To use Ground 7, the landlord must first serve a valid Section 8 notice (Notice of Intention to Seek Possession) on the person in occupation or the personal representative of the estate, specifying Ground 7 and giving the required notice period. The notice period for Ground 7 is a minimum of 2 months (under the Housing Act 1988 as amended). After the notice expires, if the property is not vacated, the landlord applies to the county court for a possession order
• Accelerated possession procedure not available for Ground 7: The accelerated possession procedure (available for certain Section 8 grounds under CPR Part 55) cannot be used for Ground 7 — the case must be listed for a hearing. However, where no one appears to contest the possession claim, the hearing is typically straightforward and possession is granted quickly
• Where a successor has moved in: If someone has moved into the property claiming to be a successor but does not have a statutory succession right (e.g., an adult child), they are in occupation as a trespasser and the landlord can seek possession using the standard trespasser process (CPR Part 55, possibly with a Section 144 LASPO criminal element if the property is residential). Alternatively, if the person is co-operative, the landlord can negotiate a new tenancy on the current market terms rather than seeking possession

Practical steps for landlords when a tenant dies

A structured approach to managing a tenancy on a tenant's death:

• Step 1 — verify the death and identify who is in the property: On being informed of or discovering a tenant's death, the landlord should: verify the death formally (death certificate or confirmation from the next of kin or estate solicitors); establish who, if anyone, is living in the property; and determine whether any person in the property has a potential succession right
• Step 2 — secure the property if vacant: If the property is vacant on the tenant's death, the landlord should secure it promptly (change the locks after obtaining legal advice — this is technically entry without consent, but appropriate where the tenant has died and the estate has been informed). Photograph the property's condition on entry to establish the baseline for any estate claim for dilapidations
• Step 3 — contact the personal representative: Write to the next of kin, executor, or estate solicitors (if known) to: confirm the tenancy terms; request confirmation of who will act as personal representative; and set out the landlord's position on rent continuance during the estate administration. Keep copies of all correspondence
• Step 4 — deal with the tenant's belongings: The tenant's belongings remain the property of the estate and must not be disposed of without the estate's permission or a court order. Give the personal representative a reasonable time to collect or arrange disposal of the belongings. Only after a formal surrender or possession order is obtained (and the estate has been given adequate notice and time) can the landlord legally dispose of remaining items. Premature disposal of belongings creates potential liability to the estate
• Step 5 — return or transfer the deposit: The tenancy deposit is held for the benefit of the tenant (now their estate). Where the tenancy ends (by surrender or possession order), the deposit must be dealt with through the deposit scheme in the normal way — deductions for damage claimed, the balance returned to the estate. Do not simply retain the deposit because the tenant has died

Frequently asked questions