What Happens to a Rented Property When the Tenant Dies?

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 Tenancy Passes to the Estate

When a sole tenant dies, the tenancy agreement does not end automatically. Under the Housing Act 1988, 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.

This means that:

• Rent continues to be owed from the estate from the date of death until the tenancy ends
• The estate has the legal right to occupy the property (and therefore to access it to remove possessions and clean it)
• The landlord cannot simply take back possession without following the correct legal process

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.

Ending the Tenancy: Notice Periods

For an assured shorthold tenancy (AST), which is the most common type of residential tenancy in England and Wales, the executor can end the tenancy by giving the landlord two months' written notice. This is often referred to as a Section 21 notice in reverse — the tenant's equivalent of the landlord's Section 21 notice to quit.

The notice should be in writing and signed by the executor. It should specify the date on which the tenancy is to end, which must be at least two months from the date the notice is received. If the tenancy is periodic (rolling month-to-month), the notice period must also correspond with the rental period — so if rent is paid monthly, you need at least one full rental period's notice.

If the tenancy is still within a fixed term, the executor is generally bound by the break clause provisions of the tenancy agreement. Attempting to end a tenancy before the end of a fixed term without a break clause may leave the estate liable for the remaining rent. In practice, many landlords will agree to an early surrender in bereavement circumstances, so it is always worth asking.

Accessing the Property and Removing Possessions

As the tenancy has passed to the estate, the executor has the right to access the property to:

• Take an inventory of the deceased's possessions for estate administration purposes
• Remove belongings and clear the property
• Carry out minor maintenance necessary to keep the property in good condition
• Return keys to the landlord at the end of the tenancy

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 the Tenant Died in the Property

If the tenant died inside the rented property, there are some additional considerations. There is no general legal obligation to disclose a death in a property to future buyers or tenants in England and Wales, but this is an area where guidance can be nuanced and context-specific.

From a practical standpoint, 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. The cost of specialist biohazard or decontamination cleaning — which can range from a few hundred to several thousand pounds — 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.

Returning the Deposit

Tenancy deposits for assured shorthold 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:

• Unpaid rent
• Damage to the property beyond fair wear and tear (checked against the inventory prepared at the start of the tenancy)
• Cleaning costs if the property was not left in a clean state

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.