Understand your legal and practical responsibilities when a tenant passes away during tenancy
By Benham and Reeves
Aug 6, 2025, 12:43 IST
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
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
You can agree a surrender with the tenant’s representatives Otherwise you must serve the appropriate legal notice like Section 21 or 8
You can deduct unpaid rent or damage from the deposit The remaining deposit and belongings should be returned to the executor
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
Contact the police immediately and allow them to take over In case of suspicious death or suicide police investigation may delay access
Always keep emergency contact and follow correct procedures with sensitivity and seek legal advice if needed