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The tenancy does not end automatically when the tenant dies. In England it passes first to a spouse, civil partner or cohabiting partner who was living there; if there is no such person it passes to the estate and continues until properly ended. The executor ends it by giving the landlord at least two months' written notice. Until the tenancy is formally ended, rent continues to be owed from the estate. This guide describes England; Wales, Scotland and Northern Ireland have their own tenancy laws.
Dealing with a deceased person's rented home can be one of the more time-sensitive tasks in estate administration. There are legal obligations for the executor, practical matters around the property's contents, and financial considerations around rent and the deposit — all of which need careful handling.
The Renters' Rights Act 2025 came into force in England on 1 May 2026. From that date assured shorthold tenancies and fixed terms were abolished: every existing private assured tenancy became a periodic (rolling) assured tenancy, and section 21 “no fault” notices can no longer be used. Older guidance that talks about ASTs, fixed terms or section 21 is out of date for a death after that date. Housing is devolved — Wales is governed by the Renting Homes (Wales) Act 2016 and Scotland by the Private Housing (Tenancies) (Scotland) Act 2016, and Northern Ireland has its own private tenancy law; none of the three is covered here.
Under section 17 of the Housing Act 1988, if the tenant's spouse or civil partner — which includes a person who was living with the tenant as their spouse or civil partner — was occupying the home as their only or principal home immediately before the death, the periodic tenancy vests in that person automatically. Nothing needs to be signed, the landlord cannot object, and Ground 7 (below) cannot be used against them. This can happen only once: if the tenant had themselves inherited the tenancy this way, there is no second succession.
Where there is no such person, the tenancy passes to the deceased's estate and is treated as any other asset or liability. The executor (or administrator) effectively steps into the tenant's shoes and becomes responsible for managing the tenancy until it is brought to an end.
The rest of this guide covers that second case. Where a partner has succeeded, the tenancy, the home and the deposit are theirs: the executor does not give notice, does not hold the right to occupy, and the deposit stays with the continuing tenancy rather than becoming an asset of the estate. The deceased's belongings inside the home still belong to the estate.
This means that:
If the deceased had a joint tenancy — for example, with a partner or flatmate — the surviving joint tenant automatically takes over the tenancy. This is a separate situation to the sole tenancy scenario described in this guide.
A tenant on a periodic assured tenancy ends it by giving the landlord at least two months' written notice, and GOV.UK's guide to the Act says the end date must align with the end of a rent period. The estate holds the tenancy on the same terms, so the executor or administrator gives the same notice.
The notice should be in writing and signed by the executor. It should specify the date on which the tenancy is to end: at least two months from the date the landlord receives it, and on the last day of a rent period — so if rent is paid on the first of the month, the tenancy ends on the last day of a month.
Because fixed terms no longer exist in England, there is no remaining term to run out and no break clause to satisfy. A landlord can agree to accept shorter notice or an immediate surrender, and in bereavement many will, so it is always worth asking.
Important:
Notify the landlord of the death as soon as possible, even before you are in a position to serve formal notice. Most landlords appreciate being informed promptly and will often cooperate on practical matters such as access and timing. A sensitive landlord may also agree to waive rent from the date of death rather than from the date the notice expires, particularly if the flat is quickly vacated and re-let.
As the tenancy has passed to the estate, the executor has the right to access the property to:
It is courteous and practically sensible to inform the landlord before visiting the property, though strictly speaking the executor does not need the landlord's permission to access the property during the tenancy period.
If you do not have keys or cannot access the property, contact the landlord and explain the situation. The landlord is not entitled to withhold access from the executor during the tenancy, as the estate effectively holds the tenancy rights.
If there has been a traumatic or undiscovered death, the property may require specialist cleaning before it can be returned to the landlord in an acceptable condition. That cost would normally be met by the estate, as the estate is responsible for returning the property in a reasonable condition.
If a death occurred and the property condition has been affected, it is worth discussing the situation with the landlord openly. Many landlords will be pragmatic and work with you to agree what is reasonable.
Tenancy deposits for assured tenancies must by law be protected in a government-approved tenancy deposit scheme — either the Deposit Protection Service (DPS), MyDeposits, or the Tenancy Deposit Scheme (TDS). When the tenancy ends, the deposit is returned to the estate (not to a family member personally unless they are also the administrator or executor).
The landlord is entitled to make deductions from the deposit for:
If you dispute any deductions, you have the right to use the tenancy deposit scheme's free dispute resolution service. The scheme will adjudicate based on evidence such as the inventory, check-in report, and photographs.
Any remaining deposit balance after deductions is an asset of the estate and should be included in the estate accounts.
Steps for the executor:
Sources
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