Landlord dies: what happens to tenants and the tenancy

Published · Updated

When a landlord dies, what happens to tenants is, legally, very little: the tenancy carries on, the rent is still payable, and the landlord's duties pass to the people dealing with the estate and then to whoever inherits [1][2]. An assured tenancy can't be ended by a landlord except through a court order for possession (or a few narrow exceptions), and the landlord's death isn't one of them [1].

Tenants keep their home and their rights. Keep paying rent; ask the executor or agent where to pay, and keep proof [3]. Repairs, gas safety checks and deposit protection remain the landlord's duty, now carried out by the estate [4][5]. If you need to serve a notice before probate, address it to "The Personal Representatives of" the landlord at their last address and send a copy to the Public Trustee [6]. Whoever inherits must tell you their name and address [7]. If they want you to leave to sell or move in, in England they must use a legal ground with four months' notice, and can't do so in the first 12 months of a tenancy [8].

This page is for both tenants and the families who've inherited a let property. General information only.

Landlord dies: what happens to tenants' rights (what doesn't change)

Your rightAfter the landlord dies
To stay in your homeContinues; only a court can order possession [1]
RentSame rent, payable to the estate [3]
RepairsLandlord's repair duties continue with the estate [9]
Gas safetyAnnual checks still required [4]
Electrical safetyInspection every 5 years still required [10]
DepositRemains protected and returnable [5]
Notice to enterAt least 24 hours, except emergencies [9]
Rent increasesOnce a year, with a section 13 notice, under the 2026 rules [11]

Who do I pay rent to if my landlord died?

Keep paying. If there's a letting agent, they'll usually continue to collect rent for the estate. If not, the executor should contact you. Until you hear:

  • keep paying into the usual account if it still works, and keep proof,
  • or set the rent aside if the account has closed, and write to the landlord's last known address asking where to pay.

A landlord of a dwelling must give the tenant an address in England and Wales where notices can be served. Until they do, rent is treated as not due [3]. That isn't a reason to stop saving the money: once the address is provided, the rent becomes payable.

Repairs when the landlord has died

The repair duties sit with whoever is the landlord: the personal representatives during the administration, then the new owner. GOV.UK lists what landlords are normally responsible for: the structure, basins and other sanitary fittings, heating and hot water, and damage caused while attempting repairs [9].

If repairs aren't done, a tenant can ask the council to inspect under the Housing Health and Safety Rating System, and the council must act on serious hazards [9]. Tell the executor or agent in writing, with photos, and keep copies.

Serving notices on a landlord who has died

If you need to serve a notice affecting the property, for example ending your tenancy, the Law of Property (Miscellaneous Provisions) Act 1994 allows it before a grant of probate is filed, if the notice is [6]:

  1. addressed to "The Personal Representatives of" the deceased, naming them, and left at or posted to their last known residence or business address in the UK, and
  2. copied, addressed the same way, to the Public Trustee.

That route isn't available where the tenancy agreement or another law sets a different method [6]. Under the 2026 rules, tenants can end a periodic tenancy with two months' notice [11].

What the new owner must do

When the property is transferred to the beneficiary, the new landlord must give the tenant written notice of the change, with their name and address, by the next rent day or within two months if later. Not doing so without reasonable excuse is an offence [7].

The new owner also takes on all the landlord's duties: safety checks, deposit, repairs, the EPC, and, in England from late 2026, registration on the Private Rented Sector Database as it rolls out [12].

Can the person who inherits evict me?

Not without a legal ground and a court order. In England since 1 May 2026:

GroundNoticeRestriction
1: landlord or close family moving in4 monthsNot within first 12 months of tenancy [8]
1A: landlord selling4 monthsNot within first 12 months; not for pre-May 2026 non-shorthold assured tenancies [8]
Rent arrears and other fault groundsVariesEvidence required [8]

After using Ground 1 or 1A, the landlord can't re-let or market the property for letting for 12 months [11]. Section 21 notices can no longer be used [13].

If your tenancy started before 15 January 1989, it may be a regulated tenancy with stronger protection [14].

If the tenant dies instead

Sometimes the question is the other way round. When a tenant dies, the tenancy can pass by will or intestacy. Ground 7 lets a landlord seek possession from someone who inherited a tenancy and wasn't living there immediately before the death, usually within 12 months [8]. GOV.UK also has a section on what to do if your tenant dies without an executor or a will [14].

For families: being a good landlord through a bereavement

If you're the executor or the heir, the tenant is often anxious. A short, early letter makes a big difference:

  1. Introduce yourself and explain that the tenancy continues.
  2. Give the address for notices and the account for rent [3].
  3. Explain how to report repairs and who to call in an emergency.
  4. Confirm the deposit is protected and with which scheme.
  5. Say when you expect probate and when you'll write again.

Gaffy gives tenants a simple link to report repairs with photos, so requests land in one place even while the estate is being sorted. It also tracks gas, EICR and EPC dates and stores the documents. £12 a month for up to 5 properties, plus £4 per extra property, first month free, and we'll set your properties up for you.

A tenant's checklist when the landlord dies

DoWhy
Keep paying rent, or set it aside if the account has closedRent stays payable once you have an address for notices [3]
Keep proof of every paymentAvoids disputes with the estate later
Report repairs in writing with photosCreates a dated record for the estate and, if needed, the council [9]
Ask for the current gas safety recordYou're entitled to a copy within 28 days of each check [4]
Ask which scheme protects your depositIt should still be protected [5]
Don't agree to leave without seeing a valid noticeOnly a court can end an assured tenancy [1]
Keep a copy of any letter from the new ownerThe new landlord must tell you their name and address [7]

Where the property is outside England

This page describes the law in England, with some rules shared with Wales. The Renters' Rights Act changes to tenancies, notices and possession grounds described above apply to England [11]. Wales, Scotland and Northern Ireland have their own tenancy laws, though the principle that a landlord's death doesn't by itself end a tenancy is common across the UK. Check the rules for the nation where the property is.

Emergencies during probate

If there's a gas leak, no heating or hot water, or a serious leak while the estate is being sorted, tenants should call the emergency number they've been given. If there isn't one, call the gas emergency line for gas, and write to the executor or agent straight away. Executors should give tenants an emergency contact in their first letter. In an emergency, a landlord's representative may need immediate access, and GOV.UK recognises that the usual 24 hours' notice may not apply [9].

Rent increases after the landlord dies

The landlord's death doesn't give anyone the right to raise the rent outside the normal process. In England, rent can be increased once a year to the market rate with a section 13 notice giving at least two months' notice, and tenants can challenge above-market increases at a tribunal [11].

People also ask

What happens to a tenancy when the landlord dies?

It continues. The executor manages it and then the person who inherits becomes the landlord [1][2].

Do I still have to pay rent if my landlord dies?

Yes, to the estate. Rent may be treated as not due until you're given an address for notices, but it becomes payable when you are [3].

Can I be evicted if my landlord dies?

Only through the legal process, on a ground, with a court order [1][8].

Who is responsible for repairs if my landlord dies?

The personal representatives, then the new owner [2][9].

Does the lease end when the landlord dies?

No. The landlord's death doesn't end the tenancy [1].

FAQ

Can I stop paying rent until I know who the landlord is?

Rent may be treated as not due until you have an address for notices [3], but set it aside. Arrears can be claimed once it's due.

The landlord's family want me to leave quickly. Do I have to?

No. They must follow the legal process [8].

Who handles my deposit now?

The estate, and later the new owner. See deposit protection when a landlord dies.

Try Gaffy free for a month · Inherited property hub · Inherited house with tenants · Renters' Rights Act notice periods · Landlord repairs law

Sources

  1. Housing Act 1988, section 5: https://www.legislation.gov.uk/ukpga/1988/50/section/5
  2. GOV.UK, Dealing with the estate of someone who's died: https://www.gov.uk/probate-estate
  3. Landlord and Tenant Act 1987, section 48: https://www.legislation.gov.uk/ukpga/1987/31/section/48
  4. Gas Safety (Installation and Use) Regulations 1998, regulation 36: https://www.legislation.gov.uk/uksi/1998/2451/regulation/36
  5. GOV.UK, Deposit protection schemes and landlords: https://www.gov.uk/deposit-protection-schemes-and-landlords
  6. Law of Property (Miscellaneous Provisions) Act 1994, section 18: https://www.legislation.gov.uk/ukpga/1994/36/section/18
  7. Landlord and Tenant Act 1985, section 3: https://www.legislation.gov.uk/ukpga/1985/70/section/3
  8. GOV.UK, Grounds for possession: guidance for landlords and letting agents: https://www.gov.uk/government/publications/grounds-for-possession-guidance-for-landlords-and-letting-agents/grounds-for-possession-guidance-for-landlords-and-letting-agents
  9. GOV.UK, Renting out your property: making repairs: https://www.gov.uk/renting-out-a-property/making-repairs
  10. GOV.UK, Electrical safety standards in the private and social rented sectors: guidance: https://www.gov.uk/government/publications/electrical-safety-standards-in-the-private-and-social-rented-sectors-guidance/electrical-safety-standards-in-the-private-and-social-rented-sectors-guidance
  11. GOV.UK, Guide to the Renters' Rights Act: https://www.gov.uk/government/publications/guide-to-the-renters-rights-act/guide-to-the-renters-rights-act
  12. GOV.UK, Implementing the Renters' Rights Act 2025: our roadmap: https://www.gov.uk/government/publications/renters-rights-act-2025-implementation-roadmap/implementing-the-renters-rights-act-2025-our-roadmap-for-reforming-the-private-rented-sector
  13. GOV.UK, Repossessing your privately rented property after 1 May 2026: https://www.gov.uk/guidance/repossessing-your-privately-rented-property-after-1-may-2026
  14. GOV.UK, Renting out your property: https://www.gov.uk/renting-out-a-property