Ground 7: when the tenant has died

Section 8 Ground 7 lets you recover a let home in England after the tenant has died, where the tenancy passed to someone under their will or under the intestacy rules. It is a mandatory ground with a 2-month notice period. The strict limit is that court proceedings must begin within 12 months of the death.

What Ground 7 means in plain English

When an assured tenant dies, the tenancy can pass to someone else, either by statutory succession or under the tenant's will or intestacy. Ground 7 applies to the second route: the tenancy has passed under the will or intestacy, and you begin court proceedings within 12 months of the death. If the court directs, the 12 months can run from the day you became aware of the death instead.

Accepting rent from the new holder after the death doesn't create a new tenancy, unless you also change the terms of the tenancy in writing.

These rules apply to private assured tenancies in England only. Wales (Renting Homes (Wales) Act 2016), Scotland and Northern Ireland have different law.

Who can and can't use it

Who is living there, and how the tenancy passed, decide whether the ground is open:

"Special tenancies" include homes let under a council's homelessness duty, social housing, rent-to-buy, supported housing and stepping-stone lets. Most ordinary private lets are not special tenancies.

Working out who now holds the tenancy, and so who to name in question 1.1, depends on the will or the intestacy rules and on how far the estate has been dealt with. If that is unclear, speak to a solicitor before serving. Our guide to what to do when a tenant has died covers the practical side.

Section 8 Ground 7 notice period and the 12-month deadline

You must give at least 2 months' notice, counted from the day you serve. The 12-month limit applies to starting court proceedings, not to serving, so work backwards. A worked example for a fictional tenant who died on 10 September 2026:

Serving early gives you time to deal with a defence or a delay at court. See Section 8 notice periods for how to count, and how long a Section 8 notice is valid for the separate 12-months-from-service rule.

Evidence to gather

• The death certificate, or another record of the date of death.
• The grant of probate or letters of administration, or other evidence of who inherits under the will or intestacy.
• Evidence of who lived at the property, and since when, especially immediately before the death.
• A record of when and how you learned of the death.
• Confirmation that you haven't agreed new terms in writing with anyone since the death.

How to explain Ground 7 in Form 3A question 4.3

In question 4.2, copy the full legal wording of Ground 7 from GOV.UK's legal wording document. In question 4.3, explain the facts in your own words. A short example for a fictional landlord:

Ground 7. The tenant, Margaret Ellis, died on 10 September 2026 (death certificate attached). The tenancy passed under her will to her son, Paul Ellis, who did not live at the property before her death and lives in Bristol (grant of probate attached). There was no statutory succession. I have not agreed any new tenancy or changed the terms in writing. Proceedings will begin within 12 months of the death.

What the court does

Ground 7 is mandatory. If it is proved, the court must order possession, subject to the limits in section 7 of the Housing Act 1988 and any human rights defence. The possession date is usually within 14 days, or up to 6 weeks for exceptional hardship. The N5 claim form has a tick box for a tenancy passed on through a will or intestacy. If a deposit was taken, it must be protected and the prescribed information given, or the deposit returned, before the court can make the order.

Pitfalls and penalties

Watch out: don't clear the property or change the locks because the tenant has died. That risks prosecution, or a council penalty of up to £40,000, for unlawful eviction. See illegal eviction.

• Missing the 12 months. Once they have passed, the ground is gone, unless the court allows the awareness date.
• Statutory successor. If a spouse or partner succeeded, Ground 7 isn't available.
• New terms in writing. Accepting rent and changing the terms in writing can create a new tenancy, so keep to the existing terms.
• Defective notice. Serving a notice that doesn't comply with section 8 can attract a penalty of up to £7,000.

What to do next

Confirm the date of death and who now holds the tenancy, then serve promptly. Our builder prepares Form 3A with the GOV.UK wording and the correct date. Then compare options in the full list of Section 8 grounds.