Can you inherit a private tenancy?
This page is about inheriting a private assured tenancy.
We have different advice about inheriting a:
Page contents:
What happens if a private tenant dies?
A tenancy does not end when a tenant dies. You can stay until the landlord ends the tenancy.
Sometimes people who live with the tenant can take over the tenancy. This is called succession.
Usually a tenancy can only be passed on once.
Joint tenants
When a joint tenant dies, the tenancy passes to the other joint tenants.
The other joint tenants do not have sign a new tenancy agreement.
If the joint tenant who takes over the tenancy has moved out, the landlord can end the tenancy with a notice to quit.
The tenant could stop an eviction if they move back into the property before the notice to quit ends.
Example
Alex and Syd are in a relationship. They are joint tenants.
They break up and Syd moves in with a friend. Alex stays with their children.
Sadly Alex dies. Syd succeeds to the tenancy. The landlord sends a notice to quit because Syd no longer lives there.
Syd moves back in before the notice ends. The notice to quit is not valid. Syd can stay living there with the children.
Married, civil partners or living together
The tenancy passes to you if the property is your main home and:
you and the tenant were married, civil partners or in a relationship and living together
nobody has inherited the tenancy before
You might need to show the landlord evidence that you can succeed. For example, bills in both your and the tenant's names.
Other family members
You could take over the tenancy if you are a relative of the tenant who died.
You need to be living in the property when the tenant dies, and one of these applies:
you are a close family member of the tenant
the tenant leaves you the tenancy in their will
the tenancy agreement says you can take over
Check the tenancy agreement to see who can succeed. For example, it might say you must have lived in the property for at least 1 year before the tenant died.
Who is a close family member?
Close family members can be the tenant's:
children and grandchildren
parents
sisters and brothers
grandparents, aunts, uncles, nieces and nephews
step relations, half relations and in laws
If you are under 16 when you inherit the tenancy you might need an adult to move in with you.
Eviction if you are a family member
You usually inherit the tenancy after the tenant's estate is sorted out. It is easier for the landlord to evict you before this happens.
The rules about inheriting a tenancy are complicated.
Get legal help if your landlord tries to evict you.
Your landlord can sometimes give you a section 8 eviction notice after you inherit a tenancy. They can use an eviction reason called 'ground 7'.
If you lived in the property as your main home when the tenant died, the landlord can only use ground 7 if the tenant who died inherited the tenancy under either:
a will
rules for other family members
Example: When a landlord cannot use ground 7
Tom rents from a private landlord. He has an assured tenancy in his name.
Tom lives in the property with his son, Joe.
Tom dies. Joe will inherit the tenancy under the rules for other family members when Tom's estate is sorted out.
The landlord cannot use ground 7 to evict Joe, because Joe lived there as his home when Tom died.
The landlord could only use ground 7 to evict Joe if Tom had inherited the tenancy under a will or rules for other family members.
Other situations when the landlord cannot use ground 7 include:
you had a joint tenancy with the person who died
the tenant who died was your partner and you lived there together
it is more than 12 months after the tenant died
Proof you can succeed
You might need to prove:
your relationship to the tenant
how long you've lived in the property
that you can inherit the tenancy through a will
Documents to show you live at the property
The property usually needs to be your main home for you to succeed. You might also have to show you've lived there for a set time, such as 1 year.
You can show this with documents like:
bank statements
bills in your name
payslips or benefits letters
statements from friends or neighbours
letters from professionals like doctors or teachers
You do not have to leave straight away if the landlord does not agree that you inherit the tenancy. They need to give you a notice and go to court. The court can decide if you inherit the tenancy.
Find out your options if you cannot inherit a private tenancy.
Last updated: 1 May 2026
