What to do if a council or housing association tenant dies

A tenancy does not end when someone dies.

If you live there too, find out if you can you stay in your home.

If you are a joint tenant, you are still responsible for the rent even if you do not live there. Find out more about what happens to a joint tenancy when someone dies.

If the tenant lived alone

Most landlords will agree to end the tenancy if you're ready to do this.

Legally, you need probate before you can end the tenancy. Probate is the legal right to deal with someone's money and property. It can take a long time to get.

Lots of families sort things out with the landlord before anyone gets probate.

You should not have to pay for rent or missed payments unless you're a joint tenant.

Any rent that is due after the tenant dies and before the tenancy ends should be paid out of any money left by the tenant. The person who gets probate should arrange payments.

Steps to take if nobody lives there

If you're helping to sort out your relative's tenancy you might need to:

tell the landlord their tenant has died
clear the property
end the tenancy if the landlord has not taken steps to do this
work out who pays rent until the tenancy ends

Tell the landlord their tenant has died

Anyone can tell the council or housing association that a tenant has died.

Keep a record of who you spoke to and when.

Most landlords will send a notice to end the tenancy after you tell them about the death.

Clear the property

You usually have about 4 weeks to clear the property if the landlord gives a notice.

Ask for more time or help from the landlord if you need it.

It can be cheaper to clear the property yourself than getting the council to do it.

The council or housing association can ask for money for clearing the property. For example, if you leave furniture behind. Legally, they can only get this payment from any money the tenant left.

You could ask for the council or housing association to drop the charge for clearing the property. They might do this if paying it would put you in a difficult financial situation.

Speak to the rest of the family before you remove anything.

It could cause problems if you do not have the right to deal with the tenant's belongings.

Even if you have not had a notice, try to clear the property as quickly as you can because they can still ask for rent from any money the tenant has left.

But the council or housing association should not pressure you to empty the property quickly. You can complain if they do this.

End the tenancy

You might need to take steps to end the tenancy if the council or housing association does not do this.

You can either:

agree an end date for the tenancy
give a notice to quit

Agree to end the tenancy

Many landlords will agree to end the tenancy early if the tenant has died.

This is called a surrender. It ends the tenancy and any ongoing responsibility for rent.

The council or housing association might ask you to sign a form or legal document called a 'deed of surrender'.

You have to clear the property before the agreed date to end the tenancy.

Use our template to ask the landlord to agree to end the tenancy:

[Subject: Proposed tenancy end date after tenant's death]

As you know, your tenant at [property address] has died.

[Explain how you are related to the tenant and your role in sorting things out]

I am writing to agree an end to their tenancy.

I propose that the tenancy ends on [date] and that no further rent is due from that date.

I will make sure that my relative's belongings have been removed and will return the keys by that date.

Please let me know in writing that you accept this.

Give notice to quit

A notice to quit is a legal notice. You need to give at least 4 weeks' notice.

Ask for a form from the council or housing association.

You can ask where to send the notice or form if you're unsure.

Work out who pays rent until the tenancy ends

The landlord can contact the person who is sorting our the tenant's money and property after a death. If nobody has this responsibility, they can contact the Public Trustee.

You cannot inherit the responsibility for rent or arrears.

But if the tenant who died owed rent, the landlord might still try to get this from any money they have left. The landlord cannot get the rent if the tenant did not leave enough money.