Death of a landlord or tenant


Published by a ÑÇÖÞÉ«ÇéÍø Property Disputes expert
Practice notes

Death of a landlord or tenant


Published by a ÑÇÖÞÉ«ÇéÍø Property Disputes expert

Practice notes
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This Practice Note looks at the issues that arise where one party to a lease dies during the term, including the effect on the lease, the rights to terminate that may arise, how to serve notices on a deceased landlord or tenant or name them in proceedings, and the principle of survivorship. It also considers what happens on the death of a guarantor, and how to deal with registration.

Vesting in personal representatives

Death of the tenant

A lease does not end on the death of a sole tenant. Instead the term (whether fixed or periodic) vests in the tenant’s personal representatives (PRs). It does not pass under any Will or intestacy until specifically assigned.

Where there is a Will, the lease vests in the executors immediately on the tenant’s death. Where the tenant died intestate, or there are no validly appointed executors willing or able to act, the lease vests in the Public Trustee until there is a grant of administration. The vesting is an assignment by operation of law and so does not generally breach

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