What are my legal options if my tenant has died?

Flowers on a coffin at a funeral with a question mark overlay symbolizing uncertainty

by Readers Question

12:01 AM, 17th February 2025, 1 year ago 9

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My tenant, who was on housing benefit, has died. The tenancy is in her name only.

She had separated from her husband, but when she became ill both he and their daughter moved in to help her. What is their legal status now?

Neither are on the tenancy agreement which is a regular Assured Shorthold Tenancy and which finishes in 3 months time.

I am hoping the council will help them stay: he is a pensioner and his daughter is employed but on a low income.

But if the council refuses to help and I have to evict, will I have to go to court?

Thanks in advance,

TJP

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Tags: assured shorthold tenancy tenant death, eviction process after tenant death, housing benefit tenant died, tenant death eviction, tenant died who can stay, tenant passed away legal options, unauthorized occupants tenancy

Comments

Paul Read Full Bio

Member Since December 2023 - Comments: 34

10:49 AM, 17th February 2025, About 1 year ago

Hi TJP. The best plan of action is to visit them and ask what they intend to do before you go any further. Your next move will be based on what they tell you. If they DO want to stay, contact the council to ask what, if anything, they can do to facilitate them staying. Assuming that they have nowhere else to go, and the council do their usual “Stay until you are evicted” stance. You will sadly need to go through the courts to evict them. Good luck.

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Nikki Palmer

Member Since March 2015 - Comments: 124

10:57 AM, 17th February 2025, About 1 year ago

In my experience, the tenancy is then the responsibility of the deceased’s estate so that may well be her next of kin i.e. her daughter.

However, if the tenant was paying rent through housing benefit/universal credit, that will stop immediately as the Council puts a stop on the payments.

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Cider Drinker Read Full Bio

Member Since December 2023 - Comments: 1590

5:57 PM, 17th February 2025, About 1 year ago

They have no legal right to remain in the property.

Section 8, Ground 7.

https://www.gov.uk/tenancy-agreements-a-guide-for-landlords/if-your-tenant-dies-without-an-executor-or-a-will

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Caroline Crute

Member Since July 2023 - Comments: 41

6:02 PM, 17th February 2025, About 1 year ago

Reply to the comment left by Cider Drinker at 17/02/2025 – 17:57
I think he wants them to stay?

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Nick Wright

Member Since July 2023 - Comments: 1

6:27 PM, 17th February 2025, About 1 year ago

You don’t need to inform the council. You can issue a new tenancy in thier names You will need to confirm rent can be paid. Im thinking the rent was low enough to be covered by UC and it may well be again? Talk to them, get them to do a benefit check something like “turn to us” to confirm.
They can apply to the council as threatened homeless if you ask them to leave, part of the Homeless Reduction Act gives a prevention duty where the council works to help them stay where they are but I don’t see why you need to go down that route.

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Cider Drinker Read Full Bio

Member Since December 2023 - Comments: 1590

6:30 PM, 17th February 2025, About 1 year ago

Reply to the comment left by Caroline Crute at 17/02/2025 – 18:02
There is no tenancy for the current occupants. The author can choose to offer a new assured shorthold tenancy subject to the usual checks.

1 Report Comment Reply
Caroline Crute

Member Since July 2023 - Comments: 41

6:32 PM, 17th February 2025, About 1 year ago

Reply to the comment left by Cider Drinker at 17/02/2025 – 18:30
Yes I know, he seems to be looking to the council to help them stay as one is a pensioner and one on a low income

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Paul Essex Read Full Bio

Member Since June 2019 - Comments: 782

9:16 PM, 17th February 2025, About 1 year ago

Before the rush to grant them a tenancy think hard about the viability going forward. Can you easily meet EPC c etc most landlords can no longer afford to rent at lha rates and if the daughter is working the money available from the council may be significantly lower.
Thinking of which if your tenant had not informed the council of the two sub tenants there is actually a risk of trying to claw rent payments back from you (you cannot now claim ignorance about their presence).

4 Report Comment Reply
DPT

Member Since October 2020 - Comments: 1178

10:35 AM, 18th February 2025, About 1 year ago

This is potentially legally complex and you may need specialist help from a housing lawyerto sort it out.

The tenants death doesn’t end the tenancy. It continues through his estate. His executors would have to give notice, but I’ve no experience of when this could be validly done. The daughter may have rights to remain their under family law. The husband may or may not have succession rights.

You will also need to notify the housing benefit office, who will cease payments an claw back any over-payment.

3 Report Comment Reply

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