When a landlord dies: legalities and practicalities

The death of a landlord raises questions on both sides of the tenancy. The family of the deceased may not have had any involvement in renting out the properties, and need to know what they need to do. The tenants need to understand whether anything has changed for them.

As for any letting agent who manages the property, if the landlord owned the property in their own name, the management agreement will have ended automatically on the death.

In this blog post, I look at the legalities and practicalities of what happens to the tenancy when a landlord dies in England, including who becomes the landlord, the role of the personal representatives, the position of tenants and letting agents, and what the personal representatives can do if they wish to sell.

This post is not a substitute for legal advice: see my disclaimer.

Who is responsible for the property after the landlord dies?

Following the death of a landlord, responsibility for the rental property will transfer to one or more people who administer the estate, the mechanics of which depend on how the deceased landlord owned the property.

The landlord was the sole owner of the rental property

When people die, everything they own forms part of their estate. It’s the same for landlords who own rental property in their own name. Their rental portfolio will become part of their estate, and the tenancy is unaffected and will continue.

As to what happens next, it will depend on whether the landlord had a will.

The landlord had a will

A will is the document in which someone sets out who inherits their property and appoints the executors who will deal with their estate. It must be in writing, signed by the testator (the person making the will), and the signature must be witnessed by two people present at the same time.

The executor(s) named in the will have the power to administer the estate.

As an executor takes their authority from the will, they can receive rent, collect arrears, terminate existing tenancies, and grant new tenancies immediately following the landlord’s death. They can also renew landlord insurance, gas safety certificates and EICRs, and deal with urgent repairs.

A grant of probate is needed before the property can be sold or transferred to a beneficiary under the will.

The landlord does not have a will

If someone dies without a valid will, they are said to have died “intestate”. The estate is then distributed under the rules of intestacy, under which there is a fixed order of who inherits and in what shares, starting with a spouse or civil partner and children. This applies regardless of what the person might have wanted, and is why it is so important for us all to have a valid will.

In short, the spouse or civil partner keeps all the assets (including property), up to a value of £322,000, and all the personal possessions, regardless of their value. The remainder of the estate is shared as follows:

• The husband, wife or civil partner receives an ‘absolute interest’ (full rights) over half the remainder of the estate (ie what is left after the £322,000).
• The other half is then divided equally between the surviving children.
• If a son or daughter has already died, their children will inherit in their place.
• With no surviving spouse or civil partner and no children, their estate will be allocated in the following order: parents, full siblings, half-siblings, grandparents, uncles and aunts (then their children), half-uncles and half-aunts (then their children).

The next of kin can apply for letters of administration, which allow them to deal with the estate in the same way as an executor. They are called an “administrator” and not an “executor”. Letters of administration are normally granted to someone who is entitled to inherit under intestacy.

Letters of administration are needed before the property can be sold or transferred. Until the grant, protective steps are sensible and permitted, renewing the insurance and dealing with urgent repairs, but no sale or transfer can complete.

>> Useful resource: What are the intestacy rules in England and Wales?

>> Useful GOV.UK resource: Check who can apply for probate and inherit if someone dies without a will

The landlord owned the rental property jointly with someone else

Where two or more people own a property together, the position is simpler than for a sole owner in that the surviving owner will take on the whole of the ownership of the property.

However, behind the scenes it is complicated if the “beneficial title” is not owned jointly, but as “tenants in common” (nothing to do with landlord and tenant!). This is where the law of trusts meets property law, but from the perspective of the tenant, what matters is the legal title, as the person or persons who own the legal title are their “landlord”.

The legal title

The legal title to jointly owned property is always held as a joint tenancy, and a legal joint tenancy cannot be severed, so when one owner dies the survivor becomes the sole legal owner automatically, by survivorship. No grant of probate or letters of administration is needed for that to happen.

The surviving landlord takes on full responsibility for the tenancy straight away, and the tenant carries on paying rent to them as before.

The beneficial title

What the death does affect is where the deceased’s share of the property goes, and that turns on how the owners held it beneficially, behind the legal title.

• Joint tenants:
  • If they owned the property as beneficial joint tenants, survivorship carries the deceased’s share across as well, and they are the landlord.
  • This means it passes automatically to the surviving owner and does not fall into the estate to be administered by the personal representatives.

• Tenants in common:
  • If they owned it as beneficial tenants in common, each held a distinct share and not “jointly”.
  • This means that the deceased’s share does not pass automatically to the survivor,
  • Instead, it will form part of their estate and transfer to a beneficiary according to the terms of the will or the rules of intestacy if there is no will.
  • However, the surviving co-owner remains the legal owner, and this is the new “landlord” who the tenant will deal with.

Either way, it does not affect the tenant whether the beneficial interest is held jointly or as tenants in common, as the landlord is determined by who has the legal title.

What if the landlord’s limited company owns the rental property?

In the eyes of the law, an individual is distinct from any companies they set up, own shares in or are directors of.

Consequently, if the landlord had bought the property using a limited company, it is that company that owns the property and is the landlord. The ownership of the shares in the company will eventually vest according to what was in the deceased’s will or the rules of intestacy, but the “landlord” will remain as the limited company.

What happens to the tenancy when a landlord dies?

When a landlord dies, the tenancy continues with the same terms and conditions as before. It also does not end when the ownership of the property is transferred into the names of the beneficiaries entitled under the will, or under the rules of intestacy, and the new owner will “inherit” the tenancy on the same terms.

Executors and administrators are referred to collectively as “personal representatives”.

If the personal representatives decide to sell the property while they administer the estate, this does not end the tenancy. The purchaser takes over as landlord and the tenancy continues.

>> Related Post: How to buy a property with sitting tenants in England

Should tenants be told when their landlord dies?

There is no duty that is triggered by the death itself and requires the tenants to be told straight away.

That said, the personal representatives should tell the tenants what has happened, who is now responsible and where to pay, providing evidence of their authority, as soon as there is someone with the legal authority to do so.

Section 3 of the Landlord and Tenant Act 1985

The statutory duty to notify a tenant of a change of landlord in Section 3 of the Landlord and Tenant Act 1985 bites on an assignment of the landlord’s interest, which is “any conveyance other than a mortgage or charge”.

The passing of the property to the personal representatives on death is not an assignment. This means that the duty under Section 3 LTA is not triggered following death and the appointment of executors and administrators.

Section 3 is triggered later, when the personal representatives assign the property to a beneficiary, or sell it. At that point the new landlord (the beneficiary or the buyer) must give the tenant written notice of the assignment and of their name and address, by the next rent day or, if that is sooner than two months after the assignment, within two months. Failing to do so without reasonable excuse is a criminal offence.

Section 48 of the Landlord and Tenant Act 1987

Under Section 48 of the Landlord and Tenant Act 1987, a landlord must give the tenant an address in England or Wales at which notices can be served, and until that is done the rent is treated as not legally due.

If the deceased landlord (or there agent) had already supplied a Section 48 address (most tenancy agreements contain one) and that continues to apply, there is no immediate gap.

Section 47 of the LTA 1987 requires the landlord’s name and address on any rent demand, and Section 50 of the LTA 1987 keeps the former landlord’s liability to the tenant running until a Section 3 notice is given on a later assignment.

Once the personal representatives change the address for service or payment arrangements, they should give the tenants an updated Section 48 address and comply with Section 47, so that rent remains lawfully due and any future notice is valid.

>> Related Post: What is a Section 48 Notice?

Template wording for Section 3 and Section 48 notices after death of landlord

Here is an example of a letter that the beneficiary or beneficiaries who inherit the property can send tenants after the transfer to them, to comply with Section 3 of the Landlord and Tenant Act 1985 and Section 48 of the Landlord and Tenant Act 1987.

Although not strictly part of the requirements under the Landlord and Tenant Acts, the last paragraph advises the tenants who they should contact for maintenance issues, and includes a request to visit the property to inspect it for maintenance purposes.

Please adapt it for your own purposes. This is not legal advice and you use or adapt the template at your own risk.

Who should tenants pay rent to after their landlord dies?

If the landlord dies with a will, until the property has been transferred to the beneficiary or beneficiaries under the will, the executors can receive rent from the tenant, and they don’t have to wait until the grant of probate.

Where the landlord dies intestate, without a will, the rent is still payable, but it cannot be paid until the administrator has been appointed. Shelter recommend that “the tenant should keep the rent in a separate bank account during this time and inform the estate’s representatives. When it is clear who can receive the rent, the tenant will have a lump sum to pay any arrears.”

Before paying any rent to an executor or administrator, the tenant should obtain proof that they are duly authorised, for instance a solicitor’s letter, and ask for a copy of the letters of administration in the case where the landlord has died intestate. They should ask for confirmation in writing if the rent needs to be paid to a different bank account.

Who becomes the new landlord?

As discussed above, if the property was owned jointly, the landlord will be the surviving joint owner or owners.

If the deceased owned the property in their sole name, the ownership of the property will eventually be transferred into the names of the beneficiaries entitled under the will, or under the rules of intestacy. The personal representatives of the estate don’t become the landlord as such, but will be responsible for complying with landlord duties on behalf of the estate.

When the legal title is transferred to the beneficiary, that beneficiary must tell the tenant of the change of landlord under Section 3 of the Landlord and Tenant Act 1985. They must also notify the tenant of a change in the address for service under Section 48 of the Landlord and Tenant Act 1987. See the combined template above.

What happens to a buy to let mortgage when a landlord dies?

A buy to let mortgage is a secured debt, so when a landlord dies, the loan does not end. The lender has a legal charge over the property, which means that the mortgage liability keeps running, interest keeps accruing, and the lender’s charge remains attached to the property or the estate.

The debt must typically be paid in full before the property can be transferred, unless beneficiaries wish to take on the mortgage themselves. In most cases, executors will use estate funds, proceeds from selling the property or life insurance funds to discharge the secured debt. 

Solely owned property

The general rule is that the property and the debt both fall into the estate, but the precise mechanics of it is that it depends whether the deceased had a will or died intestate.

Where the landlord had a valid will

With a will, the executors’ authority runs from the date of death. The will appoints them; the grant of probate only confirms it. They can collect rent straight away, but they still need the grant of probate to deal with the property formally, as the Land Registry will not register a sale or an assent without it.

Where the landlord dies intestate

On an intestacy, the administrators have no authority at all until letters of administration are granted, and in the meantime the estate vests in the Public Trustee.

As explained above, noone is in place to manage the property or talk to the lender until they are appointed.

The position of the personal representatives

The personal representatives are not personally liable for the mortgage, and they deal with it in their representative capacity.

Who is responsible for the mortgage?

Under Section 35 of the Administration of Estates Act 1925, where property is mortgaged at the date of death and the deceased has not signified a “contrary or other intention”, the charged interest is primarily liable for the payment of the charge as between the people claiming through the deceased.

In other words, the property carries its own mortgage, and whoever inherits it takes it subject to the charge unless the will says otherwise.

Jointly owned property

When the property is jointly owned as joint tenants, it passes by survivorship straight to the survivor, outside the estate, and the mortgage simply continues with them.

If it is held as tenants in common, only the deceased’s share goes through the estate, and everything above applies to that share.

The property and the debt both fall into the estate.

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What about inheritance tax when a landlord dies?

There is also the question of inheritance tax.

Where the property is mortgaged, as a mortgage is a deductible liability, the outstanding balance is taken off the value of the estate and the tax is charged on the reduced figure. The deduction is set against the property the loan is secured on.

What matters more in practice is how the tax is paid. This is a complicated subject and you should get professional advice from specialist solicitors on the probate and legal side, and qualified tax advisers (CIOT, ATT, the chartered accountancy bodies) on the tax side. Do not get tax advice from unregulated “tax experts”.

The general rule is that inheritance tax on land can be paid in ten yearly instalments, the first due by the end of the sixth month after the death, with interest running on the outstanding balance. That option exists where most of the value sits in property rather than cash, and it allows the tax to be paid down over time, often from rental income, rather than forcing a sale. If the property is sold before the instalments are cleared, the remaining balance falls due at that point.

Timing complicates matters. A payment towards the inheritance tax is usually needed before the grant is issued, yet the personal representatives cannot normally sell until they have the grant. So the tax, or at least the first instalment, generally has to be funded another way to begin with: the Direct Payment Scheme from the deceased’s own bank accounts, an executor’s loan, or bridging finance, with any sale proceeds settling the position afterwards. The estate is frequently asset-rich but short of the ready cash to pay the bill, and the property cannot be reached until the tax has been dealt with.

The instalment option and the point about paying before the grant both sit on the GOV.UK “Pay your Inheritance Tax bill” page. A payment towards inheritance tax is usually needed before the grant of representation is issued, and the guidance covers the yearly instalment option: see Pay your inheritance tax bill from GOV.UK.

Landlord obligations while the estate is administered

The personal representatives step into the landlord’s shoes for the obligations that come with the property, and those obligations do not pause for probate.

Landlord obligations are covered in detail in my best selling book, The Good Landlord Handbook, which takes you through every stage of a tenancy under the Renters’ Rights Act. You can ask me questions on any landlord-related topic at twice-monthly livestreams in my membership, The Independent Landlord Hub.

Repairs and safety obligations

The landlord repairing obligations continue, as do the gas safety, electrical safety and energy performance requirements.

The duties introduced by the Renters’ Rights Act on 1 May 2026 apply to the estate as they would to any landlord, so the personal representatives need to be aware of them too.

>> Related Post: Landlord repair obligations

>> Related Post: Renters’ Rights Act Guide: The 12 key provisions

The tenancy deposit

A tenancy deposit that was protected in an authorised scheme stays protected when the landlord dies. The personal representatives are responsible for it while they administer the estate, and for a custodial deposit they authorise the scheme to release it at the end of the tenancy.

When the property passes to a beneficiary or a buyer, the landlord’s covenants pass with the reversion to the new landlord, and the new landlord becomes responsible for the deposit.

HMO and selective licences

An HMO licence is personal to the holder and cannot be transferred (Section 68 of the Housing Act 2004). It ceases to be in force on the holder’s death, but there is an automatic three-month temporary exemption from licensing from the date of death, which can be extended once, so that the estate has time to apply for a fresh licence.

The position is the same for selective licences, and Section 91 of the Housing Act 2004 states that a selective licence cannot be transferred to another person. As with HMO licences, there is an automatic three-month temporary exemption which can be extended once, to give the estate time to apply for a new licence.

Can personal representatives sell the property or get vacant possession?

Selling the property

The executors and administrators may sell the property on behalf of the estate. Note that although executors can technically exchange without a grant of probate, it is normal to wait until then, as they will need a grant of probate to complete the sale.

An administrator has no authority to deal with the property before letters of administration are granted, so cannot sell, let or market it. Urgent steps to protect the estate, such as keeping the insurance in force, renewing safety certificates and dealing with emergency repairs, can still be taken in the meantime.

Obtaining possession

Unless the tenants move out of their own volition, or the personal representatives receive an order for possession under Section 8, the personal representatives will not be able to sell with vacant possession.

Executors can start a possession claim before the grant of probate, though they will need the grant to obtain an order, unless they have already taken physical possession.

Administrators cannot start a possession claim on behalf of an intestate estate before letters of administration have been granted. It will be struck out, even if a grant is obtained afterwards. (See Millburn-Snell v Evans [2011] EWCA Civ 577).

The personal representatives will be able to obtain possession if they wish to sell the property, provided they serve a Section 8 notice relying on Ground 1A, using Form 3A, or one of the other grounds, for instance rent arrears. There is no specific ground allowing possession following the death of the landlord. The estate (or any beneficiary) will stand in the same position as the deceased landlord.

If the property is sold with sitting tenants, the buyer will take over as the landlord, on the same tenancy terms. They will need to serve the Section 3 and Section 48 notices. The personal representatives, or the beneficiary, can sell the property subject to the existing tenancy.

>> Related Post: Grounds 1A and 1: How to evict tenants to sell up or move in

>> Related Post: Guide: Section 8 grounds for possession

Where do letting agents stand when a landlord dies?

A managing agent’s authority comes from the agency agreement with the landlord, and that agreement is a personal contract that ends automatically on the landlord’s death.

From the moment the landlord dies, the agent has no authority to act, and the personal representatives are not bound by anything the agent agrees. An agent who purports to act (by agreeing something with the tenant that the personal representatives later refuse to ratify, for example) risks personal liability to the tenant for breach of warranty of authority.

In practice an agent will usually keep collecting the rent and deal with anything urgent, then account to the personal representatives once a grant is in place and, if asked to continue, sign a fresh agreement with them. What the agent should not do is release rent or take instructions from someone who has not proved they are entitled to deal with the estate.

Of course, if the personal representatives or the beneficiary decide not to enter into an agency agreement with letting agents, and previously the address for service for the tenants was care of the letting agents, they will need to serve a Section 48 notice on the tenants to advise them of the new address for service.

>> Related Post: What is a Section 48 Notice?

Final thoughts

What happens when a landlord dies is a complex mix of the law of property, trusts, wills and probate.

If there is one thing that landlords can do to make the administration of their estate easier for all, it is to make a will, if they haven’t already, so that their assets will not be allocated in accordance with the rules of intestacy.

Many landlords operate their rental portfolio in their head, with nothing written down and a haphazard filing system. From a practical point of view, landlords should create a document with relevant information relating to their rental portfolio with everything from where the files are kept, to the details of the tenancies, and even the tradespeople they deal with.

If the files are in disarray, they should be organised. This will help not only the landlord during their lifetime, but also their personal representatives and beneficiaries after they pass.

Finally, if you are inheriting a rental property, my bestselling book The Good Landlord Handbook takes you through the practicalities of being a landlord at every stage of the tenancy, with advice on both how to self-manage and how to appoint and manage letting agents.

If you have questions, you can ask me at twice-monthly livestreams in my membership, The Independent Landlord Hub, which includes a template “In case of emergency” form to record everything to help someone else take over the management of a rental property, without having to guess.