Ending the tenancy
The tenancy does not end when a tenant dies.
The only people who can end it are:
- an executor - someone named in a will as the person who will deal with the deceased's possessions
- an administrator - someone who has applied to the probate registry and obtained letters of administration (sometimes called the grant of probate)
A next of kin who is not the named executor or administrator cannot end the tenancy.
In all circumstances we will need to be provided with:
- a copy of the death certificate
- a copy of the will showing the named executor
- a notice to terminate a tenancy (pdf / 119 KB)
If there is no executor or administrator then we will serve a notice to terminate on the public trustee in order to end the tenancy. This will bring the tenancy to an end four weeks after it is served. A letter will be issued confirming the details.
Rent accounts
The executor, administrator or family members of the deceased are not responsible for rent payment. However, until the tenancy is formally ended and the keys have been returned, a charge will be made on the rent account. We will expect this to be paid along with any arrears from the deceased tenant's estate.
Enquiries should be referred to the debt support team. The team will determine the weekly rent amount and arrears outstanding. Contact us.
If the deceased was getting Housing Benefit, payments will stop on the Sunday following the date of death and won't cover the charges between this date and the tenancy ending.
Clearing the property
Whoever is dealing with the deceased’s estate is expected to clear the property of all furniture and personal belongings before returning the keys to us.
In some circumstances items such as flooring, carpets and curtains can be left in the property. This will need to be agreed by the relevant neighbourhood officer and our property services during a pre-termination visit.
Contact us to arrange a pre-termination visit.
We are able to clear the property if you prefer, although there will be a charge for the service. To request a property clearance you will need to complete a disposal of goods form. Contact us for a form.
Any items left in the property without prior agreement will be subject to a charge for the cost of disposal.
All keys must be returned by 12pm (midday) on the date the tenancy ends. If the keys are not returned by this date, a charge will be made for each additional week.
Financial guidance
If you are involved in dealing with the financial affairs of someone who has died, we recommend you visit the Citizens Advice website for advice and information.