If you or someone else was living with the tenant when they died you may be entitled to succeed or inherit the tenancy. Read our information about tenancy succession to find out who may be eligible to take on the tenancy.
If no one was living with the tenant and you wish to return the property there are a number of things you need to be aware of to end the tenancy.
Surrendering the tenancy following the death of the tenant
Surrendering a tenancy on behalf of a loved one or a friend can be an upsetting time. Please contact our team who can talk you through the process and signpost you to any support you may need.
Once you have registered the death with our Registrar, we will require a copy of the death certificate. You can email this to us or call us.
Ending the tenancy and rent payments
The tenancy does not end when the tenant dies. The only people who can end it are:
- an executor – this is the person, named in the will, who will deal with the possessions of the person who has died
- an administrator – this person has applied for the legal right to deal with someone's property, money and possessions (their 'estate') after a person’s death. This is know as grant of probate.
- Brent Council.
A next of kin, who is not the executor or administrator, cannot end the tenancy.
What Brent Council will do
If there is no executor or administrator, by law Brent Council must serve a 'notice to quit' on the public trustee. (Tenancies are transferred temporarily to this public office if a tenant dies without a will, or with a will but without an executor.)
The tenancy will end four weeks after this is served.
Rent will continue to be charged until the tenancy has ended and the keys to the property have been returned. Any arrears that accrue should be paid from the deceased tenant’s estate.
If the deceased tenant was receiving Housing Benefit, this ends immediately on the date of their death.
Access to the property and clearance
If no one has keys to the deceased tenant’s property, we can give a set of keys to the Executor or Administrator.
Once a disclaimer form is signed and the keys are returned, Brent Council will dispose of any goods not required. We reserve the right to charge this back to the estate.