• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • About
  • My Services
  • Training and Events
  • Landlord Law
Landlord Law Blog

The Landlord Law Blog

Interesting posts on residential landlord & tenant law and practice In England & Wales UK

  • Home
  • Posts
  • News
    & comment
  • Analysis
  • Cases
  • Tips &
    How to
  • Tenants
  • Clinic
    • Ask your question
    • Clinic replies
    • Blog Clinic Fast Track
  • Series
    • Renters Rights Act 2025
    • Renters Rights Bill
    • Election 2024
    • Audios
    • Urban Myths
    • New Welsh Laws
    • Local Authority Help for ‘Green improvements’ to property
    • The end of s21 – Protecting your position
    • End of Section 21
    • Should law and justice be free?
    • Grounds for Eviction
    • HMO Basics

What should you do if your landlord dies intestate?

This post is more than 11 years old

December 11, 2014 by Tessa Shepperson

gravesIf someone dies intestate it means that they have died without leaving a will.  So their ‘estate’ – ie everything they own at the time they die – will be dealt with under the intestacy rules.

The  main questions you will have as a tenant are, “do I still have a tenancy and if so where do I pay the rent?”

Do you still have a tenancy?

Yes.  The death of the landlord will not end the tenancy, and whoever ends up owning the property will be bound by it.  So you are legally entitled to stay in the property.

Don’t let anyone tell you otherwise.

Paying the rent

You need to be careful about this, as if you pay the rent to the wrong person you may have to pay it again.

If the landlord was married then you may be reasonably safe paying the rent to the spouse, as they will almost certainly inherit the property.  Indeed if they were a joint owner of the property but just not on the tenancy agreement, they will now be your landlord (although they should write and formally tell you this).

However, until you are sure, the safest thing to do is to open a  separate interest bearing bank account and just pay your rent in there.  It will stay there, safe, until such time as you find out what is happening about the property.

What should happen (assuming that the property was not in joint names) is that someone will get ‘letters of administration’ which means that they will then be legally authorised to deal with the  deceased persons  estate and arrange for the transfer of any property to anyone entitled to it under the intestacy rules.  They are also sometimes known as personal representatives.

It is the administrators who will be entitled to receive the rent until the property is legally transferred to whoever is entitled to it.  However, you should require sight of the formal paperwork before handing over any rent money.  Just to make sure that they really are the proper person.

You can also check on this by doing a search on the gov.uk website here.  However be aware that it may take some time for letters of administration to be granted so you won’t find anything there the day after they die.

You can check on who owns the property in the meantime by doing a search at the Land Registry.

Your right to stay

Whoever ends up owning the property, they will be bound by your tenancy, in the same way that your original landlord was.  So, for example, they won’t have any extra special rights to evict you early.

In particular they cannot require you to leave, without serving any notices on you and getting a court order, just becuase your original landlord has died and they want to sell the property.

Your rights under the Protection from Eviction Act 1977 remain and if they want to  sell, they will either have to sell with you still in  residence, or get an order for possession and enforce it through the courts in the normal way.

 

Previous Post
Next Post

Filed Under: Tenants

Notes:

Please check the date of the post - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.

Reader Interactions

Please read our terms of use and comments policy. Comments close after three months

Comments

  1. Chris says

    December 11, 2014 at 8:03 am

    Another thing to look out for:

    If the rent is being paid by Housing Benefit the local authority may stop making payments (irrespective of whether they were being made to the landlord or tenant). If this happens it is worth asking the benefits section to confirm in writing that they are not ceasing the claim, but simply holding back payment until there is a proper person appointed to receive the rent. If the claim ceases the tenant may run into difficulty with backdating requests when the rent is demanded. Particularly if the benefit is “held” for more than six months.

    And getting repairs done is a whole different story!

  2. Tessa Shepperson says

    December 11, 2014 at 9:01 am

    Thanks Chris, thats really helpful.

  3. Ian says

    December 11, 2014 at 4:00 pm

    Repairs may also be an issue….

    Also does the deposit need to be re-protected when a landlord dies?

Primary Sidebar

Sign up to the Landlord Law mailing list and get a free eBook
Sign up

Post updates

Never miss another post!
Sign up to our Post Updates or the monthly Round Up
Sign up

Worried about insurance?

Insurance Course

Sign up to the Landlord Law mailing list

And get a free eBook

Sign up

Footer

Disclaimer

The purpose of this blog is to provide information, comment and discussion.

Please, when reading, always check the date of the post. Be careful about reading older posts as the law may have changed since they were written.

Note that although we may, from time to time, give helpful comments to readers’ questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts.

Any comments or suggestions provided by Tessa or any guest bloggers should not, therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.

Nothing on this website should be construed as legal advice or perceived as creating a lawyer-client relationship (apart from the Fast Track block clinic service – so far as the questioners only are concerned).

Please also note that any opinion expressed by a guest blogger is his or hers alone, and does not necessarily reflect the views of Tessa Shepperson, or the other writers on this blog.

Note that we do not accept any unsolicited guest blogs, so please do not ask. Neither do we accept advertising or paid links.

Cookies

You can find out more about our use of 'cookies' on this website here.

Other sites

Landlord Law
The Renters Guide
Lodger Landlord
Your Law Store

Legal

Landlord Law Blog is © 2006 – 2025 Tessa Shepperson

Note that Tessa is an introducer for Alan Boswell Insurance Brokers and will get a commission from sales made via links on this website.

Property Investor Bureau The Landlord Law Blog


Copyright © 2026 · Log in · Privacy | Contact | Comments Policy