What happens when a tenant dies?

1. What to do when a tenant dies

Coping with a death is never easy, and trying to deal with someone's estate can be complicated and upsetting. Here are the steps you can follow if a family member or friend dies whilst they're a council tenant.

Step 1: Inform the council as soon as possible

Contact our housing team to tell them about the tenant's death.

This is important if you were living with the deceased tenant or are in charge of their belongings, money, and property, also known as their 'estate'.

The council can then start the process of ending the tenancy or checking if anyone living there can legally take over.

Step 2: Decide what to do with the tenancy

Your next steps will depend on whether you want to end the tenancy or try to take it over.

If you want to take over the tenancy

This is called a 'succession', and you can find out more about in the next section on this page.

It is usually only possible for a spouse, civil partner, or other family member who has been living in the property for a certain period.

We will assess your right to take over the tenancy based on the type of tenancy and your circumstances.

If you want to end the tenancy

The tenancy does not end automatically when the tenant dies.

Someone with legal authority (an executor or administrator) must end it.

If you are not the executor, the council will end the tenancy by serving a "Notice to Quit" to the Public Trustee. The tenancy will then end four weeks after the notice is served.

Step 3: Gather the necessary documents

You will need to provide us with certain information and documents.

If you are ending the tenancy:

A death certificate.

Details of anyone living in the property (name, date of birth, and relationship to the deceased).

Identification for yourself (e.g., passport, driving licence, or birth certificate).

Proof of your legal authority, such as the will (if you're the executor) or a letter of administration (if you're the administrator).

Step 4: Settle the rent

Any rent or arrears owed are paid from the deceased tenant's estate, not by their family members.

Rent will continue to be charged until the tenancy is officially ended.

If the tenant received housing benefit, it will stop after their death and will not cover any rent owed after that date.

Step 5: Clear the property

Once the tenancy has ended, the property must be completely cleared of all the tenant's belongings and rubbish.
The council will charge the estate for the cost of clearing the property if this is not done.
Be sure to return all keys to the council by the specified deadline to avoid further rent charges.

Other helpful information

We’re part of the ‘Tell Us Once’ service. This means you can report a death to several government departments and the local council all at once.
Before using this service, you must register the death. The Registry Office will ask if you want to use ‘Tell Us Once’. If you say yes, they’ll pass the information on for you.
Many organisations offer advice on what to do when someone dies. One helpful guide is the Age UK leaflet called “When someone dies: a step-by-step guide to what to do.” http://www.ageuk.org.uk/money-matters/legal-issues/what-to-do-when-someone-dies/

2. Succeeding to a tenancy when someone dies

What is succession?

Succession means someone else in the household may be able to take over the tenancy if the tenant dies.

Who can succeed the tenancy?

For tenancies that started on or after 1 April 2013, only a spouse, civil partner, or someone living with the tenant as a partner has the legal right to take over the tenancy.

For tenancies that began before April 2013, the rules are a bit more flexible, as other close family members may be considered.

Conditions for succession

To take over the tenancy:

There must be no rent arrears (unpaid rent).

The property must be the right size for the person taking over.

Only one succession is allowed. For example, if a wife takes over after her husband dies, the tenancy can’t be passed on again when she dies.

If you think you might be able to succeed a tenancy and want to apply for succession, please contact the Housing Allocations Team by calling 01395 517469 or emailing HousingAllocations@eastdevon.gov.uk.

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