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Managing a tenancy after a tenant passes away

A tenancy does not automatically end when someone passes away. 

We recently advised a landlord on how to navigate the situation after their tenant sadly passed away.  

 

30 October 2024
  • Landlord

Chris had been renting his property out to his tenant for quite a while, when the tenant sadly passed away. The tenant had lived alone, without any family members residing with them during the tenancy.

Chris reached out to Landlord Advice, unsure about how to handle the tenancy ending and managing the tenant's belongings that were left in the property.

A tenancy is part of a person's estate

Our adviser explained to Chris that a tenancy is part of a person’s estate. This means that it would pass to their personal representative after their passing. 

We clarified that rent would still be due on the tenancy, up until a time when the personal representative formally gave up the tenancy. We also advised that he could ask the personal representative to handle the tenant’s belongings that were still in the home. We provided caution that Chris should not try to empty the property and re-let it without the personal representative’s permission, as this could be viewed as an unlawful eviction

We also advised that he needed to return any deposit on the property to the personal representative, less any appropriate deductions. 

Chris felt more confident that our advice would help him navigate this sensitive situation.
 


Help and advice for landlords

Landlord Advice is a free, confidential service for private landlords and letting agents in Northern Ireland. 

Landlord Advice provides information and advice to:  

  • residential landlords 
  • estate and letting agents 
  • people thinking of becoming a landlord 

Our advisers are available from 9:30am to 2:30pm Monday to Friday.