Options if you cannot inherit a private tenancy
A private tenancy does not end straight away when a tenant dies.
But you might have to leave when the fixed term ends.
The landlord might also take steps to end the tenancy.
Check if you could inherit the tenancy.
Ask for a new tenancy
You need to sort out a new tenancy with the landlord if you want to stay.
Talk to the landlord about setting up a new tenancy in your name. The terms and rent may change.
Be ready for things like income and credit checks.
You could apply for universal credit if you cannot afford the rent on your own.
Check your rights if the landlord wants you to leave
The landlord cannot just kick you out.
This is illegal eviction.
Your rights depend on if the tenancy is a:
rolling periodic tenancy
fixed term tenancy
Rolling tenancies
Your landlord can use a notice to quit to start the eviction process. A notice to quit usually gives you 4 weeks or 1 month, but could be longer.
The notice to quit must have the right dates and information on it to be valid.
Your landlord must go to court for a possession order before you have to leave. This can take several months.
Fixed term tenancies
The tenancy keeps going until either:
the fixed term ends
the landlord takes the right steps to end the tenancy
You may have to leave at the end of the fixed term if you have not agreed a new tenancy.
The landlord can go to court for a possession order to evict you as soon as the fixed term ends. They do not need a reason.
The landlord could end the tenancy before the fixed term has ended if the tenancy agreement says so.
The agreement might say they can use a:
notice to quit if there's a break clause
The landlord must still go to court for a possession order.
Get help if you cannot stay
Get free legal advice if the landlord tells you to leave.
You can also ask your council for help.
Your council can talk to your landlord. They could sort something out so you can stay longer.
They can also check eviction notices and make sure your landlord follows the law.
The council could help you find somewhere else to live if you cannot stay.
Last updated: 22 March 2024
