What happens when a tenant dies

If a tenant died, the tenancy doesn't simply end with them. It may pass to their spouse or partner by succession, or to someone under their will or the intestacy rules. If it passed under a will or intestacy, you can usually recover possession on Ground 7, a mandatory ground that needs 2 months' notice, but you must start court proceedings within 12 months of the death.

Your tenant died: what happens to the tenancy?

Work out which of these situations you're in before you do anything else:

Situation	What it means for you
A spouse or partner succeeds to the tenancy by statute	They become your tenant. Ground 7 isn't available, so you'd need another ground to end the tenancy
The tenancy passed under the will or intestacy rules	Ground 7 may be available, subject to the conditions below
It was a joint tenancy	Who holds the tenancy now depends on the facts. Get advice from a solicitor before serving anything
You don't know who holds the tenancy	Ask the family or the estate's representative for the probate or intestacy details, and get advice

Be sensitive in how you approach the family. A short, written, practical letter asking who is dealing with the estate is usually better than a visit.

When Ground 7 applies

Ground 7 needs all of these:

• the tenancy passed under the former tenant's will or intestacy;
• proceedings begin within 12 months of the death, or, if the court directs, within 12 months of you becoming aware of it;
• if the new holder was living there as their only or principal home immediately before the death, the ground applies only if the tenancy had already passed once before by will or intestacy, or it is one of a few special tenancies (such as social, supported or homelessness lettings).

That last condition matters. A relative who lived with the tenant and inherited the tenancy can't usually be removed on Ground 7 the first time it passes. You'd need a different ground.

Notice period and the 12-month deadline

• Notice: at least 2 months on Form 3A, counted from the day of service.
• Deadline: court proceedings (not just the notice) must begin within 12 months of the death. With 2 months' notice, serve at least 3 months before the anniversary to leave time to prepare and issue.
• Name the right person. Form 3A must name the person who now holds the tenancy. If you're unsure who that is, take advice before serving.

Example: a tenant died on 15 September 2026. Proceedings must begin before 15 September 2027. Serving by mid-June 2027 at the latest leaves enough room, but serving sooner is better.

Evidence to gather

• The death certificate, or other proof of the date of death.
• Probate or letters of administration, or details of who inherited under the intestacy rules.
• Evidence of who lived at the property and since when.
• Your tenancy agreement and rent records.
• The deposit protection certificate and prescribed information. The deposit bar applies to Ground 7, so the court can't make an order until the deposit rules are met or the deposit is returned.

Rent, guarantors and the deposit

• Accepting rent: taking rent from the new holder doesn't create a new tenancy unless you change the terms in writing.
• Guarantors: for a guarantee an individual gave on or after 1 May 2026, the guarantor isn't liable for rent after the death of a sole tenant. Rent for the period in which the death occurred is apportioned by days. See guarantors and rent arrears.
• Arrears: if rent was unpaid at the date of death, get advice on how to recover it.

Timeline with real dates

For a tenant who died in September 2026, with the tenancy passing under their will to a relative who lives elsewhere:

1. Monday 2 November 2026: serve Form 3A on Ground 7 on the person who now holds the tenancy, and complete form N215.
2. Saturday 2 January 2027: earliest court date. Issue the claim on Monday 4 January 2027 on paper (forms N5 and N119). N5 has a box for "the former tenant died and the tenancy was passed on through will or intestacy".
3. 1 February to 1 March 2027: first hearing, at least 28 days after issue and normally within 8 weeks.
4. Around 1 March 2027: possession order at the median of 8.0 weeks from claim.
5. Around 25 June 2027: repossession by bailiffs at the median of 24.6 weeks from claim, if needed.

The medians are from the Ministry of Justice's mortgage and landlord possession statistics for April to June 2026 (published 13 August 2026), for private landlords' standard claims. The figures are provisional, and most of those claims rested on notices served before 1 May 2026. If the person who now holds the tenancy is willing to give it up, an agreed end in writing may save you the court stage; get advice to make sure it is clear.

Costs

• Court fee to issue: £415 (paper only; Possession Claim Online is for arrears claims).
• Warrant of possession, if needed: £152.
• Our Section 8 notice: £39; our court pack: £79.

See eviction costs for the full picture.

What to avoid

Watch out: don't clear the property, dispose of belongings or change the locks because the tenant has died. There's no statutory procedure for that, and retaking possession without a surrender or a court order risks the unlawful eviction offence and a penalty of up to £40,000.

• Missing the 12-month deadline for starting proceedings.
• Using Ground 7 against a spouse or partner who has succeeded to the tenancy.
• Agreeing new terms in writing with the occupier without meaning to grant a new tenancy.

Read illegal eviction and a tenant who has abandoned the property for the related rules. This guide covers England only. Wales (Renting Homes (Wales) Act 2016), Scotland and Northern Ireland have different law.

What to do next

Once you know who holds the tenancy, create a Section 8 notice on Ground 7. Our builder checks the 2-month date and reminds you of the 12-month deadline. For the court stage, see making a possession claim, and for other situations go back to how to evict a tenant.