How to deal with a deceased tenant in your rental property?

It’s important to know how to handle the difficult process of a tenant passing away. As a landlord, you may want to let out the property again as quickly as possible, but it is important to follow the right procedures to ensure you are within the legislation requirements. Here is some useful information for you to know:

·       Always keep the record of tenant’s next of kin, so that you know who to contact in case of emergencies.

·       It’s important to know that a tenancy does not end or expire when the tenant dies.

·       When tenant dies, the tenancy becomes property of the tenant’s estate.

·       If a deceased person had a will, there will be appointed executor to manage the estate after they have passed away.

·       If executor has not been appointed or you cannot get in touch with them, it is possible find out if a grant of probate has been issued: www.gov.uk/search-will-probate

·       If there is more than one tenant on the tenancy contract and one of them passes away, then the living tenant can acquire the tenancy in a process known as the ‘right of survivorship’.

·       If there is a Fixed Term Tenancy, the remainder of that term will pass to the tenant’s ‘personal representatives’ along with everything else they own when then they die, as part of their estate. The personal representatives have the same rights and obligations the tenants had. In case of rent arrears, it needs to be paid from the estate before all assets get passed onto the beneficiaries in the will.

·       If there is Periodic Assured Tenancy, then it typically passes to a spouse, however as the landlord, you can serve a Section 21 notice to terminate the tenancy.

·       If you wish to serve a notice after your tenant has passed away, the addressees of the notice may vary in different cases – if there is a executor, notice needs to be served to them and notice to quit needs to be served to occupiers in the address. If there is a personal representative at the property – notice needs to be served to them and a copy notice to be provided the Public Trustee. It’s always good to seek for legal advice if you are not entirely sure.

·       On the practical note - if there is a sole tenant, make sure utility companies and other service providers are notified and if you have mortgage, do not forget to notify your mortgage provider.