Ground 7: Death of tenant
What happens to the tenancy when a tenant dies, and how landlords can recover possession.
When a tenant dies, their tenancy does not automatically end. Under the Renters' Rights Act 2025, Ground 7 allows a landlord to seek possession where the tenancy has passed by will or intestacy (i.e. inherited), provided proceedings begin within 12 months of the tenant's death.
The ground is mandatory, so the court must grant possession if the conditions are met. However, succession rights can complicate matters: a spouse or civil partner who occupied the property as their only or principal home has a statutory right to succeed the tenancy, which takes priority over Ground 7.
What you need
- Death certificate confirming the tenant has died.
- Evidence that the tenancy passed by will or intestacy, not by statutory succession.
- Proceedings issued within 12 months of the date of death (or court permission to proceed out of time).
- Form 3A citing Ground 7.
Succession rights
A spouse or civil partner of the deceased tenant who occupied the property as their only or principal home acquires the tenancy automatically on the tenant's death. They become the tenant in their own right and cannot be evicted on Ground 7.
Other family members (adult children, siblings) may live at the property but do not have an automatic right to succeed under the RRA 2025. A landlord can seek possession on Ground 7 against them, or negotiate a new tenancy.
Dealing with the estate
Rent continues to accrue to the estate until the tenancy ends. The executor or administrator of the estate is responsible for it. If no grant of probate or letters of administration have been obtained, the practical management of the tenancy may be unclear. Seek legal advice early.
Common mistakes
- If the deceased tenant's spouse or civil partner was living at the property as their only or principal home, they have a statutory right to succeed the tenancy. You cannot use Ground 7 against a statutory successor.
- The 12-month window runs from the date of death, not from when you discover the tenant has died. Act promptly.
- Sending notice to the estate rather than the person in occupation can cause service problems. Identify who is in occupation and seek legal advice on how to serve.
Source: gov.uk Guide to the Renters' Rights Act 2025. Last verified 2026-05-09. This page is informational, not legal advice. For complex disputes, consult a solicitor.