What to do if your property tenant dies

Understand your legal and practical responsibilities when a tenant passes away during tenancy

By Benham and Reeves

Aug 6, 2025, 12:43 IST

Joint or sole tenancy

If the tenancy is in joint names the surviving tenant inherits the tenancy If it is a sole tenancy the process depends on the type of agreement

Fixed term vs statutory tenancy

A fixed term tenancy passes to the tenant’s estate and their personal representatives A statutory or periodic tenancy may transfer to a spouse or family member

Ending the tenancy

You can agree a surrender with the tenant’s representatives Otherwise you must serve the appropriate legal notice like Section 21 or 8

Handling belongings and the deposit

You can deduct unpaid rent or damage from the deposit The remaining deposit and belongings should be returned to the executor

If there is no executor or will

The property cannot be reclaimed until the public trustee is notified Serve notice at the property and submit an NL1 form to the public trustee

If the tenant dies in the property

Contact the police immediately and allow them to take over In case of suspicious death or suicide police investigation may delay access

Final tip for landlords

Always keep emergency contact and follow correct procedures with sensitivity and seek legal advice if needed