Handling the death of a tenant

Why it matters

Removing belongings or changing locks without authority can amount to unlawful interference with the estate and with any successor's rights.

Legal requirements

• A tenancy vests in the deceased's estate until ended by notice or surrender.
• A spouse or partner occupying as their only or principal home may have a statutory right of succession.
• Rent continues to be payable by the estate.
• Belongings remain the property of the estate and must not be disposed of without authority.

Common mistakes

• Changing the locks as soon as you hear the news.
• Clearing furniture and personal effects to relet quickly.
• Ignoring a surviving partner's succession rights.
• Failing to notify your insurer that the property may be unoccupied.

Practical guidance

• Establish who is dealing with the estate and get written contact details.
• Ask whether anyone in the household claims succession, and take advice if so.
• Agree a surrender in writing with the personal representative where possible.
• Notify your insurer immediately about occupancy status.

Succession in practice

A surviving spouse or civil partner living in the property as their only or principal home usually succeeds to the tenancy. Other family members may have rights depending on the tenancy type and whether a succession has already occurred. Ask, do not assume, and get the position in writing. Where succession applies, issue documentation naming the successor and update the deposit and records.

Ending the tenancy and the property

Where there is no successor, the personal representative can surrender the tenancy, or a notice can be served on the estate. Until then, rent accrues against the estate. Deal with the executor courteously, allow reasonable time to clear belongings, take a dated inventory with photographs before anything is removed, and get written authority for any disposal.