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17/12/25 3:30 pm
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Every so often I am introduced to a landlord whose tenant has died.
Market experts tell me that the age profile of tenants in the private rented sector has increased, and perhaps this sad situation is becoming more common.
I typically get two questions from the landlord: do I have to serve notice on a deceased person? If so, how?
The answer to the first question is an unequivocal yes. The answer to the second question depends on the circumstances.
Does the tenancy end on death?
Contrary to widespread assumption, a tenancy does not automatically come to an end when a tenant dies. An AST is a proprietary interest, and on death it forms part of the tenant’s estate. Until it is terminated, rent is still owed and the tenancy remains in existence.
The first scenario – a sole tenant dies
When a single tenant dies, the first thing you must find out is whether they left a will. This will provide the details of the Executor, who is now responsible for the tenancy.
Bear in mind that over half of UK adults do not have a will, and the reality is that tenants in the private rented sector are even more likely than average to die intestate. In fact, I have never worked on a case with a sole tenant who left a will. In these cases, the tenancy is transferred temporarily to the interesting entity that is the Public Trustee, the Executor of last resort.
So, if your tenant dies without a will, you must:
(1) Serve Notice to quit at the property, and
(2) Register notice with the Public Trustee on the gov.uk website.
The Public Trustee charges £40.00 to register the notice. They are also very particular about how notices are worded. Your Notice to Quit must be addressed to:
The Personal Representatives of [NAME OF TENANT] of [TENANTED ADDRESS]
Any variation will not be tolerated, and the Public Trustee will not refund your fee, so be careful. When you go to court to get a possession order, the Personal Representatives of the deceased tenant will be name of the Defendant.
The second scenario – where someone is living with the tenant
Now we come to the sometimes knotty issue of succession. Under the Housing Act 1988, there is a limited statutory right of succession for assured tenancies (including ASTs). This applies where, at the time of death, the tenant was living with:
(1) a spouse or civil partner, or
(2) another family member who had occupied the property as their only or principal home.
If such a successor exists, they become the tenant by default by virtue of s.17 of the Housing Act 1988. In that situation, any Section 21 notice must be served on the successor, not on the deceased tenant or the estate, and normal rules about timing and compliance apply.
Bear in mind that succession can only happen once, and it cannot taken place during a fixed term which is less than 2 years unless stated in the agreement. The surviving occupier can remain until the end of the fixed term only.
Practical points
All the usual preconditions for a Section 21 notice still apply with a deceased tenant. The landlord must still comply with the requirements relating to gas safety, Energy Performance Certificates, deposit protection, and provision of the ‘How to Rent’ guide. Failure to do so will invalidate the notice, regardless of the tenant’s death.
Remember that serving notice following a tenant’s death is legally possible, but only once succession has been ruled out, and the notice is properly addressed to the estate. Missteps are easy to make, and you may be fined if you try to repossess a property without following the rules. Therefore, landlords should tread carefully: a deceased tenant does not mean the tenancy is already at an end.
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