Flow diagram · England
When a landlord dies
What happens to a rental property and its tenants when the owner dies.
Answer each question to see where it leads. Tap any earlier step to change your answer.
When a landlord dies
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1
The tenancy carries on
The tenants stay, with the same rights. Rent is now owed to the estate.
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2
Was it jointly owned as joint tenants?
YesIt passes automatically to the surviving owner, who becomes the landlord.NoIt goes through the estate — the executors (or administrators) take over as landlord. -
3
Tell the tenants
Give them the new landlord's or executor's name and address for rent and notices, and update the deposit scheme and insurer.
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Keep the safety checks going
Gas safety, electrical checks and repairs are still required — the executors are responsible.
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4
Probate and inheritance tax
Value the property (tenanted value) and work out the inheritance tax. It's generally due by the end of the sixth month after death, and some is usually paid before probate — but tax on property can often be paid in 10 yearly instalments (interest usually applies).
⏱ 6 months
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5
Keep it or sell it?
KeepTransfer it to the beneficiary, who becomes the landlord.SellSell with the tenants in place, or seek possession using Ground 1A (at least 4 months' notice, which can't end within the first 12 months of the tenancy; some older tenancies are excluded). -
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Get help with the estate
A probate solicitor can deal with the tenancy, the tax and the sale together.