Family member reporting a death

As a family member, you may be dealing with the affairs of a tenant who has died. This service allows you to  

  • End the Tenancy  
  • Apply to take over the Tenancy   

Who can end the Tenancy  

  • The next of kin or the Executor of the tenant’s Will can end a tenancy. If there is no Will, we will need a letter of administration. We need the details of who is looking after the tenant’s financial affairs.    
  • If there is anyone living at the property it is important that you tell us. They may have rights to stay at the property and we will need to look into this before the tenancy ends.    

It is important that you report the death and start the process of ending the tenancy as soon as possible. The rent will be payable until the Tenancy ends and the keys to the property returned. Housing Benefit or Universal Credit is cancelled following the Tenant’s death.  

Where there is no one to end the tenancy we can serve notice on the public trustee to bring the tenancy to an end.      

Who can take over the tenancy  

If the tenant who has died does not have a joint tenant, spouse, civil partner, or partner living with them. There are times when family members may also have a right to take over the tenancy.  A family member is parents, grandparents, children, grandchildren, siblings, uncles, aunts, nephews, nieces, step-relations, half-relations, and adopted children.  

The right to take over the tenancy is based on   

  • If you lived with the tenant before they died – it will only count if it was your main and only home  
  • If you’re related to the person who died   
  • How long you lived with the person who died    
  • The type of tenancy they had and how long they had it for   
  • What the tenancy agreement says – it might give you more rights to take over the tenancy   
  • For most tenancies, there is only one right of succession. If there has already been a succession to the tenancy then no further rights will be granted.      
  • If the property is suitable for your household  

Before you start  

  • You must provide your contact details    
  • We’ll ask if you are the Next of Kin, Executor or Administrator   
  • You must have details of the tenant who died (name, address, date of death)   
  • We’ll ask you if anyone else is currently living at the property   
  • You will need to upload a copy of the death certificate, if available    
Extra requirements for taking over the tenancy  

 

What happens next  

Ending a tenancy
  • If there is no one living at the property we will send a Tenancy Arrangement form. Next of Kin, Administrator or Executor will need to sign to give 4 weeks’ notice to end the tenancy   
  • You must provide the death certificate if you have not already done    
  • You will need to remove all possessions from the property, loft, and garden. If there are any items left at the property we may charge for removal   
  • You will need to return the keys    
  • You will need to arrange for the payment of any outstanding rent at the property. This is usually done by the person dealing with the financial affairs of the tenant who died.  
Taking over the tenancy 
  • We’ll check we have everything we need to continue   
  • We look at the tenancy agreement, property type and size   
  • We will need to do an affordability check. You can get started and download the Affordability Check Form  
  • Before we complete the application, we will arrange an inspection of the property. This is to check the property is how it should be  
  • We will communicate in writing the outcome of your application. 

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