What to do when a tenant dies? A Landlords Guide.
A tenancy does not end automatically upon the death of a tenant. The steps a landlord should take depend on the presence of a will and the circumstances of the death.
When a tenant passes away, the tenancy does not automatically conclude.
In Cases of Suspicious Death
If the tenant's death is under suspicious circumstances, such as murder or suicide, immediately report it to the police. You should follow the police's instructions regarding access to the property, as it is likely to be out of bounds while police investigations are carried out.
Contacting Next of Kin
Attempt to contact the tenant’s next of kin to inform them of the situation and find out if the tenant had a will. If the next of kin is untraceable, contact a specialist court officer, known as the Public Trustee, to see whether they have been appointed to deal with the estate on the tenants behalf.
Dealing with a Will
If a will exists, confirm the names of the executors who will manage the tenant's estate. Secure a copy of the will, request the executors provide a grant of probate and identification to validate their authority. Subsequently, coordinate with them to possibly end the tenancy amicably, address any rent arrears, and handle the deposit. It may also be necessary to arrange property access for them to retrieve the tenant’s possessions.
Without a Will
If the tenant dies intestate (without a will), liaise with the next of kin similar to the process above, requesting a grant of letters of administration instead. Make sure you see ID to prove they have the authority to deal with the estate on the tenants behalf. You should also manage the tenancy termination, rent due, deposit, and the tenants belongings.
Legal Searches and Public Trustee
You may employ solicitors to determine the rightful heirs under intestacy laws. If no next of kin exists, the Public Trustee takes charge of the estate. To reclaim the property, you need to:
· post or deliver a letter to the tenant’s last known address saying you’re giving written notice
· pay a fee to register a written notice with the Public Trustee (current fee to pay is £40)
· submit a NL1 form online to register your written notice
The written notice
Address the written notice to: “The Personal Representative of [full name of the tenant who died] of [last known address for the tenant who died]”.
If you do not address the written notice in this way, your application could be rejected.
When you’ve paid the fee and got a payment reference number, you can apply to register the notice with an NL1 form.
You’ll need:
· the payment reference number
· an electronic copy of the written notice
Succession Rights
Under the Housing Act 1988, there's no succession right to a sole fixed-term assured or assured shorthold tenancy of less than two years. For tenancies exceeding this duration or if they are periodic, the right of succession may apply to the tenant's spouse, civil partner, or cohabitee, provided they can demonstrate that the property was their principal home. Proof such as bank statements or utility bills may be required. If there’s no spouse or partner, another person may succeed if stipulated in the tenancy agreement. In cases of joint tenancy, the surviving tenant assumes full tenancy responsibilities.
Rent Act Tenancies
For Rent Act tenancies, the rights of succession are slightly different. The tenancy passes to the tenant’s spouse or civil partner if they were living in the property immediately before the tenant's death, granting them a statutory Rent Act tenancy. Otherwise, a family member who lived with the tenant for at least two years before their death may inherit an assured tenancy under the Housing Act 1988.
Addressing Rent Arrears
Successors usually do not inherit rental arrears liabilities, which typically fall to the tenant's estate. However, if cooperation is lacking from the executors or next of kin regarding rental dues, it might necessitate serving a Section 8 or Section 21 notice to resolve rental arrears or regain possession of the property.
Landlords should ensure they handle a tenant’s death sensitively and legally, safeguarding their rights while respecting those of the deceased tenant and their family.
Should you have any tenancy related queries please do not hesitate to contact the team. We are here and ready to help.