How to end a tenancy when someone dies

It can be devastating and shocking to find out that a tenant has passed away. It can also easily become a very stressful period for you as a landlord once you have offered your deepest condolences to the family. Alongside this, however, there are also practical obligations that you will have, such as how to end a tenancy when someone dies. 

One of the biggest misconceptions within the rental sector is that your lease with the tenant automatically terminates once they pass away. However, in reality, the legal framework surrounding a tenancy after the death of a tenant actually says that the lease continues to exist and temporarily passes into the tenant’s estate.

So, it will come as no surprise that being able to navigate the crossover between property law and probate will require a delicate touch. Here, we’ll outline the steps you need to take on how to end a tenancy when someone dies, being able to handle the situation with the utmost respect,  yet still being able to protect your property. 

How to End a Tenancy When Someone Dies

There are certain steps to take when trying to navigate a tenancy after the death of a tenant. Below, we’ll walk you through the different steps to take to make sure the process is as smooth as possible for both you, as the landlord, and your tenant’s family. 

Step 1: Establish the Legal Point of Contact

As mentioned above, the tenancy won’t vanish overnight, and so you won’t be able to change the locks or take immediate possession of the property. The first thing you need to do is work out who has the legal authority to be able to handle the deceased’s affairs. You need to keep in mind that this will depend on their estate: 

• The Executor: If the tenant left a will, they will have chosen an executor, who is your official point of contact from now on. The executor will have the authority to manage the estate, pay any outstanding bills, and bring the tenancy to an end. 
• The Administrator / Next of Kin: If your tenant passed away without a will, usually a close family member or next of kin will become the administrator of the estate. This will only be legal, however, once they receive ‘letters of administration’. They can still remain your primary point of contact, however, until this comes through. 
• The Public Trustee: If the tenant had no will and no next of kin, the tenancy would temporarily vest in a government official called a Public Trustee. 

Step 2: Navigate Immediate Practicalities with Care

You’ll need to make sure that you manage a few things with care while waiting for the legal estate to be sorted out. For example, you’ll need to handle the rent, property access and the deceased tenant’s personal belongings. 

Property Access and Security

You’ll need to ensure that the property is safe and secure. So, if you suspect hazards, such as unsecured windows or a gas hob that has been left on, you’ll need to enter the property to make sure it’s secure.  

Don’t begin packing up the property, however, or allow family members any unrestricted access to removing items until you have managed to establish a clear dialogue with the executor or next of kin. 

What Happens to the Rent During a Tenancy After the Death of a Tenant?

Unfortunately, the rent will continue to accrue after the death of a tenant and will become a debt owed by the estate of the tenant. Here’s how to handle this: 

• If paid privately: The rent will eventually be cleared by the executor from the tenant’s bank account or estate assets once the probate allows for this. Keep in mind that it is best practice not to demand payment directly from the giving family’s pockets. 
• If paid via benefits: If, however, the tenant received Universal Credit or housing benefits, the payments will automatically stop on the day of the tenant’s death. This will need to be claimed back by the estate at a later date. 

Handling Personal Belongings

As the landlord, you’ll have the legal duty of care over any items that have been left behind in the property and under the Torts (Interference with Goods) Act 1977. This means that you’ll become the involuntary bailee and are not allowed to dispose of or sell the tenant’s possessions. 

Make sure you give the executor or next of kin a reasonable timeframe to clear the personal belongings of the deceased tenant. This is usually between 14 and 30 days. (Gov.UK)

Step 3: Formalise How to End the Tenancy When Someone Dies

Your last step will be to formalise how to end the tenancy when someone dies, once the family has had the time to grieve. Once a representative has been chosen, you’ll need to formally bring the lease agreement to a legal end. There are two different ways you can do this for a standard Assured Shorthold Tenancy (AST). 

Route A: Mutual Agreement (Deed of Surrender)

Out of both options, this is the quickest and most empathetic route to take. If the executor or next of kin is ready to return the property to you, as the landlord, you’ll be able to sign a Deed of Surrender. 

This is a formal document stating that both the landlord’s and tenant’s estates agree to end the tenancy on a specific date. The keys will then be handed back to you, and the rent will stop accruing against the estate. From this point, you will be able to prepare the property for future viewings. 

Route B: Serving a Formal Notice to Quit

If, for some reason, the executor is unresponsive or if there is something delaying the clearance of the property (like a dispute), you’ll need to start a more formal and legal route. 

To be able to end a periodic tenancy after the death of a tenant, you’ll need to serve a formal Notice to Quit on the executor. This will provide the standard 4 weeks’ notice and will match the rent payment period. This will need to end on the last day of a tenancy period. 

But what if there is no executor or next of kin? Your next step will be to serve a Notice to Quit on the Public Trustee, as well as a specific statutory form (Form NL1) (Gov.UK). You’ll need to make sure that a copy of this is delivered to the vacant property itself, as this will ensure that the tenancy is terminated legally. This will also help prevent any future claims or unlawful eviction. 

Balancing Patience with Professionalism with Your Tenancy After the Death of a Tenant

Knowing how to end a tenancy when someone dies means knowing how to balance strict legal compliance with empathy and patience. Making sure you practise compassionate cooperation will often result in a smooth and cooperative surrender of your rental property, limiting the chance of needing to use the courts or a rigid statutory notice. 

The most important part of this whole process is making sure that you give the family the time they need to handle their loved one’s possessions. You’ll then also need to keep a detailed log of any rent arrears accruing against the estate and ensure that the final agreement is put in writing. If, however, you struggle to navigate complex disputes, always make sure that you consult with a qualified housing solicitor before taking your own steps to repossess your property. 

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