Tenant's rights when a landlord dies

A tenancy does not end if the landlord dies. It carries on with the same terms and conditions as before. For example, if the tenant has a fixed term tenancy the fixed term continues.

Who takes responsibility for the tenancy depends whether the deceased landlord was a joint or sole landlord.

Joint landlord dies

Where two or more landlords jointly own the freehold or leasehold, as joint tenants or tenants in common, the rule of survivorship applies when one landlord dies.

The surviving landlord takes responsibility for the tenancy immediately. The tenancy does not form part of the deceased landlord's estate. The tenant should continue to pay rent to the surviving landlord.

Sole landlord dies

When a landlord dies any property they own, including a tenancy, forms part of their estate.

A landlord who dies leaving a will usually names one or more executors. If there is no will, the next of kin can apply for letters of administration, which allow them to deal with the estate in the same way as an executor. Dying without a will is also known as dying intestate. Letters of administration are normally granted to someone who is entitled to inherit under intestacy.

Executors and administrators are known as personal representatives.[1] They can receive rent, collect arrears, terminate existing tenancies, and grant new tenancies.[2] The tenant can sue personal representatives if there is a breach of the tenancy. For example, for disrepair in the property.

When the landlord dies without a will or no one is available to represent the estate, their estate vests in the Public Trustee until the grant of letters of administration. The Public Trustee does not take responsibility for the property or take on landlord duties.[3]

Find out who is administering the landlord's estate

The tenant might not know who is administering the estate. The Probate Helpline can answer enquiries about personal representatives.

Find the Probate Helpline contact details on Gov.uk.

A tenant can check the property ownership at the Land Registry.

They could also search probate records for documents and wills on Gov.uk. The probate process can take a long time so these might not be updated right away.

When the landlord's beneficiary inherits the tenancy

After the estate is administered the tenancy passes to the beneficiary either through the deceased landlord's will or the intestacy rules. They become the landlord and the tenancy continues in the usual way.

A tenant has the right to know the name and address of their landlord. The new landlord has two months to provide this to the tenant.[4]

Find out more about a tenant's right to information about a landlord's identity.

The tenant still owes rent to the landlord's estate while it is being administered. The personal representatives take responsibility for any tenancy deposit while they are administering the estate.

Once the beneficiary inherits the tenancy, they become the new landlord and take responsibility for the landlord's obligations, including receiving rent and managing the deposit.

Who the tenant should pay rent to

The tenant should ensure they pay rent to the right person. This is usually the personal representative or the landlord's beneficiary.[5]

If the landlord dies with a will, the executors can receive rent from the tenant immediately.[6]

If the landlord died without a will, no one is entitled to receive rent on behalf of the estate until the next of kin has obtained letters of administration.[7] The tenant should keep the rent in a separate bank account during this time and inform the estate's representatives. When it is clear who can receive the rent, the tenant will have a lump sum to pay any arrears.

Where the tenant claims benefits, benefit payments towards the rent might stop when the landlord dies. The tenant should ask the authority to confirm in writing the claim is on hold until a person is appointed to receive rent. The tenant might have difficulty receiving backdated payments if the claim is stopped.

Rent increases

Personal representatives who wish to increase the tenant's rent must follow a prescribed procedure depending on the tenancy type.

For example, where the tenant has a periodic assured shorthold tenancy, the personal representatives usually need to serve a section 13 notice.

Find out more about rent increases for private tenants.

Tenancy deposit

Where the tenant paid a deposit and it was protected in an approved scheme, the deposit remains protected after the landlord dies.

After the tenancy is transferred to the beneficiary, the new landlord takes responsibility for the deposit and must ensure it is protected.[8] A tenant can claim compensation if their deposit is not protected and the landlord might not be able to issue a section 21 notice

Find out more about tenancy deposits when a landlord changes.

The personal representatives or the tenant might want to end the tenancy while the estate is being administered. Personal representatives have the right to serve notice if they have obtained the grants of representation.

The landlord's beneficiary might want to end the tenancy after they have inherited the property.

The process they must follow depends on the security of tenure.

Where the deceased landlord was resident

When a tenant shares accommodation with their landlord they are usually an excluded occupier. For example, a lodger.

After a resident landlord dies the personal representatives can serve a notice to end the tenancy for up to two years from the date of the landlord's death.[9] As there is no longer a resident landlord, the occupier usually has basic protection and the representatives must obtain a court order after the notice expires.

Find out more about occupiers with basic protection on Shelter Legal.

After two years, the occupier becomes an assured shorthold tenant if they remain in occupation and meet the conditions.

Find out more about an assured shorthold tenancy on Shelter Legal.

Assured or assured shorthold tenancy

The personal representatives or new landlord can end the tenancy by either:

• giving notice on grounds

• giving a valid section 21 notice on an assured shorthold tenancy

The personal representatives or new landlord might issue a possession claim on grounds. This means they need to give a reason for evicting the tenant in the notice and the possession claim. Common reasons include rent arrears and antisocial behaviour.

Find out more about possession grounds against assured and assured shorthold tenants.

The personal representatives cannot issue a valid section 21 notice if the original landlord would have been unable to serve a valid notice. For example, if the deceased landlord did not protect the tenancy deposit, the personal representative cannot serve a valid section 21.

It can be difficult for personal representatives to use section 21, as it requires them to supply documents such as gas safety certificates, which they might not have.

Find out more about what makes a section 21 notice invalid.

Regulated tenancy

The personal representatives or new landlord can end the tenancy by giving a notice on grounds.

Some grounds are mandatory, so the court must make a possession order if the ground is proven. For example, ground 11 applies where a member of the landlord's family living with them at the time of their death requires the property.

Find out more about mandatory grounds to end a regulated tenancy.

Discretionary grounds include where there are rent arrears or a breach of the tenancy. The court must be satisfied it is reasonable to give possession.[10]

Find out more about discretionary grounds to end a regulated tenancy.

Sale of property

The personal representatives might sell the property while they administer the estate. This does not end the tenancy. The purchaser takes over as landlord and the tenancy continues.

A person might claim they purchased the property from the old landlord's estate. The tenant cannot usually challenge the new landlord's status unless they have reason to suspect they are not the new owner of the property. The tenant might be able to delay possession proceedings if the new landlord has not given notice of assignment of the landlord's interest.[11]

Find out more about a tenant's rights when their landlord sells the property.

Tenant's notice to quit

A tenant might want to end their tenancy while the estate is being administered. The tenant can serve a notice on the personal representatives to end a periodic tenancy or exercise a break clause in a fixed term.

Find out more about a tenant's notice to quit.

After a notice seeking possession expires, the personal representatives can apply to the court for a court order if the tenant has not left the property.

Personal representatives have the right to seek possession if they have obtained the grants of representation.

Find out more about the possession proceedings process.

Existing possession proceedings when the landlord dies

Where the landlord has issued a claim for possession and dies without personal representatives, the court might order an existing possession claim can proceed in the absence of a person representing the estate.

The court can order that a person is appointed to represent the estate.[12]

Possession proceedings by personal representatives

Where a landlord has left a will, the executors can start a claim for possession but they will not be entitled to a possession order until they obtain a grant of probate, unless they have already taken physical possession of the property.[13] Tenants can ask for the possession claim to be stayed until probate is issued.

Where a landlord did not leave a will, a possession claim cannot be brought on behalf of the landlord's estate before a grant of letters of administration has been obtained.[14] Where proceedings start before a grant is issued, the court must strike them out. This applies even if a grant is subsequently obtained.[15]

The court can adjourn the case if the personal representatives have not declared they are acting as executors or administrators.

Possession proceedings by new landlord

After the landlord's beneficiary inherits the tenancy, they become the new landlord and can seek possession in the usual way.

The court might adjourn proceedings if the new landlord has not given the tenant notice of assignment of the landlord's interest.[16]