Succession Rights and Rights of Survivorship
When a tenant dies, the result depends first on whether the tenancy was held jointly or by a sole tenant. A surviving joint tenant continues the same tenancy. If the deceased was the sole tenant, section 17 of the Housing Act 1988 may allow a qualifying partner to succeed. If there is no statutory successor, the tenancy may pass through the tenant's estate, but the landlord may have a possession route under Ground 7 in some cases.
Joint tenants: right of survivorship
If one joint tenant dies, the surviving joint tenant or tenants automatically continue the same assured tenancy by right of survivorship.
No new tenancy is created and there is no statutory succession while at least one original joint tenant remains. The surviving tenant or tenants become responsible for the rent and the other tenant obligations under the tenancy.
Sole tenant: succession under section 17
If a sole assured tenant dies, the tenancy can pass by statutory succession under section 17 of the Housing Act 1988.
The statutory successor must be the tenant's spouse, civil partner, or a person who was living with the tenant as if they were a spouse or civil partner. They must also have been occupying the dwelling-house as their only or principal home immediately before the tenant's death.
Only one statutory succession is allowed. If the deceased tenant had already succeeded under section 17, there is no further statutory succession under that section.
If no one qualifies as a statutory successor, the tenancy passes under the tenant's will or the intestacy rules to the personal representatives or beneficiary. That does not mean the landlord must allow the occupier to remain in every case. Ground 7 may apply where the statutory conditions are met.
Possession after death: Ground 7
Ground 7 is the mandatory possession ground for some cases where the tenancy has passed through the former tenant's will or intestacy. It does not apply to a statutory successor under section 17.
The ground is generally available where the person who inherits the tenancy was not occupying the dwelling-house as their home immediately before the former tenant's death.
If the person who inherits the tenancy was occupying the property as their home immediately before the former tenant's death, Ground 7 is not usually available. It may still be available if the deceased had themselves inherited the tenancy under a will or intestacy, or if the tenancy is a special tenancy within Ground 7. Special tenancies include certain social housing, rent-to-buy, supported accommodation, and tenancies granted because the deceased tenant was considered statutorily homeless.
The landlord must give at least two months' notice before applying to court. Possession proceedings must usually be started within 12 months of the tenant's death, or within 12 months of the landlord becoming aware of the death if the court allows that later date.