Whose name the tenancy was in

This content applies to England only.

Housing laws vary between England and Scotland. Get advice relating to Scotland

If you rent your home and someone in your household dies, your right to continue living there will depend on whose name the agreement with the landlord was in. You may need to take action to ensure you can stay.

What do I need to know about the agreement?

One of the first things you need to check is whether the agreement was:

  • a sole tenancy (in the name of only one person), or
  • a joint tenancy (in the name of more than one person), or
  • a number of separate agreements (where each individual person has their own separate tenancy or license, which may have different terms and conditions).

You also need to find out exactly whose name(s) the tenancy agreement was in.

Finally, you need to be certain what type of tenancy you have (eg a secure tenancy with the council, or an assured shorthold tenancy with a private landlord) as there are separate rules on how each type of tenancy can be passed on. Use our tenancy checker to confirm this and get urgent advice if your landlord disagrees.

Why does it matter?

It is essential for you to find out whose name(s) are on the tenancy or license agreement, as this will affect whether you (and anyone else living with you) have a legal right to stay in your home. For example:

  • If the remaining members of the household are tenants as well, the fact that the other person has died may not affect their right to stay.
  • If only the person who died had a tenancy (ie they simply allowed you to stay there) you may still have some rights (see below) but will probably need to take action if you don't want to leave.

What if the person who died was the sole tenant?

Where this is the case, your rights will depend on whether you have the right of succession. The law gives certain people an automatic right to succeed to the tenancy (ie take it over in their own name). The rules depend on:

  • the type of tenancy the person had, and
  • how you were related to them and
  • whether you were living with them at the time of their death and, in many cases, for at least a year beforehand.

Don't assume that having lived together for a very long time will give you the right to succeed. Although it might seem wrong, your rights of succession depend on your relationship in the eyes of the law.

Get further advice on this if you're not sure where you stand, or if you think you have the right to succeed but your landlord says you don't. This is particularly important if the tenancy gives strong rights, such as:

What if I am the sole tenant?

If your agreement with the landlord is in your name only, the fact that someone that you allow to live with you dies does not affect your rights to stay in your home. You will have the right to stay no matter whom you are renting from or what type of tenancy you have.

If you are in this situation and your landlord tries to make changes to your agreement, get advice before you agree to anything. An adviser can check that you're not agreeing to give up important rights.

What if it was a joint agreement?

As joint tenants, you and the person who died had exactly the same rights and were equally responsible for paying the rent and keeping to the terms of your agreement. This means that if one tenant dies, the remaining joint tenant(s) automatically take over the whole tenancy.

Bear in mind that this also means that you become responsible for paying all of the rent and other expenses, including the deceased person's share. If you can't afford this, get advice as soon as you can. An adviser can help you to tackle any rent arrears and may be able to help you to negotiate with the landlord - for example if you want to take on a new joint tenancy with someone else in order to make the costs more affordable again.

What if we had separate agreements?

If you have a separate tenancy from the person who has died, your rights to continue living there will not be affected. Again, don't agree to pay anymore rent or allow any other changes to your agreement until you have checked with an adviser to make sure you're not losing out.

What if the person who died was one of my parents?

In this situation, your rights will depend on your circumstances, including;

  • whether you lived with the parent who died for at least a year before they died
  • whether they had a surviving, spouse, registered civil partner or cohabiting partner who is entitled to succeed and
    • if so, whether that person agrees that you can stay
    • if not, whether you are entitled to succeed to the tenancy yourself.

The rules can be complicated, especially if more than one person is entitled to succeed. Contact an adviser immediately to find out more. Use our directory to find one in your area and don't move out until you're sure of your rights. If you're not old enough to live on your own, you need to get help as soon as possible. Children and young people can call Childline free on 0800 1111 to speak to a friendly person who can help you. Or you can visit Childline's website if you don't feel like talking. If you can't get through the first time, don't give up - just keep trying.

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