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What to do if a private tenant dies

A private tenancy does not end when someone dies.

You need probate before you can end the tenancy.

Probate is the right to deal with someone's money and property.

Some families agree to end the tenancy before anyone gets probate.

You could take over a private tenancy if you lived with the tenant.

Steps to take if a private tenant dies

You might need to:

  • tell the landlord their tenant has died

  • get access to the home to clear the tenant's belongings

  • end the tenancy

  • work out who pays rent until the tenancy ends

  • sort out what should happen to the deposit

There are different steps for council or housing association tenants.

Joint tenants

If you're a joint tenant, you're responsible for the tenancy and the full rent.

Find out how to end a joint tenancy if you want to leave.

Video: What happens if a private tenant dies

Video transcript

It can be a difficult and confusing time when someone dies.

Here are two key things to know if your relative was a private tenant.

The first thing to know is a tenancy does not end when someone dies. But do not worry. Most landlords will agree to end the tenancy early in this situation.

The second thing to know is that rent is due until the tenancy ends.

The landlord can ask for money from the tenant's estate, which is basically any money they had.

If there's no money, you do not have to pay the rent just because you're a family member.

The only reason you might have to is if you're a joint tenant or a guarantor.

Shelter adviser Hannah explains what to do if a relative who was a private tenant dies, and who is responsible for the remaining rent.

[Video length: 41 seconds]

Clearing the tenant’s belongings 

Speak to the family before you remove anything.

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

Landlords are often happy to give access for someone to clear the tenant’s belongings.

You can show them: 

  • documents that show you are the executor of the will 

  • letters of administration if there was no will

Get legal advice if the landlord says you cannot access the property.

Ending the tenancy

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

There is no ongoing responsibility for rent when a tenancy ends.

Make sure you get any agreement in writing. Get the landlord to agree a last date for rent.

The landlord might only deal with the tenant's next of kin or a person with probate.

Use our template to ask a landlord to end the tenancy early:

[Subject: Returning keys and ending my relative's tenancy] 

To: [landlord or agent's name and address] 

From: [your name and address] 

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

[Explain your relationship to the tenant and 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.

Word template: Ask for surrender after a private tenant dies (docx 16kb)

OpenDocument template: Ask for surrender after a private tenant dies (odt 9kb)

Make sure you clear the property and return the keys by the agreed date.

If you do not, the landlord could say the tenancy continues and they still need rent.

Who pays rent until the tenancy ends

You cannot inherit the responsibility for rent or arrears.

Any rent due after the tenant dies and before the tenancy ends should be paid out of any money left by the tenant.

The landlord can contact the person who is sorting out the tenant's money and property.

If nobody is doing this, they can contact the Public Trustee.

The landlord cannot get the rent if the tenant did not leave enough money.

You might have to cover missed payments if you're either a:

But you might not have to pay if your guarantor agreement started on or after 1 May 2026.

What to do about bills and benefits

Utility bills need to be paid from money left by the tenant.

The person dealing with the tenant's money needs to:

  • close accounts

  • cancel contracts

  • settle bills

Find out more about settling debts and taxes on GOV.UK.

You might need details about your relative's pension or benefits.

You can use GOV.UK's Tell Us Once service to tell government organisations about the tenant's death. You can also call on 0800 085 7308.

What should happen to the deposit

Landlords must protect deposits for assured tenancies.

The deposit should stay protected when a tenant dies. 

But the landlord can ask to use some or all of the deposit for:

  • last month’s rent if you give a notice to quit

  • the cost of clearing the property

If you and the landlord cannot agree, the deposit scheme decides.

Emotional and practical support

You could speak to someone at one of these charities:

Cruse

Get free emotional support from trained volunteers.

08088081677

Monday to Friday: 9.30am to 3pm

Find out more about Cruse's helpline.

Grief Encounter

Find free support for children and young people who have experienced bereavement.

0808 802 0111

Monday to Friday: 9am to 9pm

Email: grieftalk@griefencounter.org.uk

Find out more about support from Grief Encounter.

Marie Curie

Get free practical and emotional support if you've experienced a bereavement after a terminal illness.

0800 090 2309

Monday to Friday: 8am to 6pm

Saturday: 11am to 5pm

You can book a call.

Email: support@mariecurie.org.uk

Find out more about Marie Curie's support line.

Resources about bereavement

Bereavement Advice Centre

Bereavement Advice Centre has lots of practical advice on dealing with a bereavement.

Mind

Read Mind's online guide to bereavement.


Last updated: 1 May 2026

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