Death of Landlord

The death of a landlord does not end an occupation contract (or other tenancy, for that matter). From a legal and practical point of view, the letting continues, and someone must step into the landlord's role until the property is inherited or otherwise dealt with.

The occupation contract continues

If a landlord dies:

  • The occupation contract does not come to an end
  • The contract-holder remains entitled to occupy the dwelling
  • Eviction is still only possible using the normal legal process, including a court order
  • All existing contract terms continue, including rent, repair obligations, and contract length

Nothing "resets" simply because the landlord has died.

Who becomes responsible for the property?

When a landlord dies, responsibility usually passes in stages:

Personal representatives/executors

During the administration of the estate, the property is managed by the landlord's personal representative (often an executor named in the will).

While the estate is being dealt with, the personal representative effectively steps into the shoes of the landlord and is responsible for:

  • collecting rent
  • dealing with repairs and safety issues
  • managing agents
  • complying with housing law

If the landlord owned the property jointly, the surviving joint owner normally remains the landlord without interruption.

The new landlord (beneficiary)

Once the property is inherited, the person who inherits it becomes the new landlord and takes over full responsibility for the occupation contract.

Telling the contract-holder who the landlord is (RHW3)

When the identity of the landlord changes -- which commonly happens when a property passes from a deceased landlord to an executor or beneficiary -- the contract-holder must be formally notified.

This is done using form RHW3.

The new landlord must:

  • give notice of the change in identity of the landlord
  • provide an address where the contract-holder can send documents
  • serve the notice within 14 days of becoming the landlord

Failing to serve RHW3 can have serious consequences, including compensation claims and restrictions on serving possession notices.

In practice, RHW3 is often required once probate is granted or once ownership formally passes, but agents should keep this under review during estate administration, as multiple RHW3s may be required.

Paying and receiving rent

Rent remains payable under the contract.

  • If there is a known personal representative, rent should be paid to them or their appointed agent.
  • If no personal representative has yet been identified (for example, where there is no will), rent should be set aside until the correct recipient is confirmed.
  • Letting agents should clearly communicate interim arrangements to avoid confusion or arrears.

Once a new landlord is identified, rent should be paid to them going forward.

Repairs and management

The person managing the occupation contract -- whether a personal representative, joint owner, or new landlord -- remains responsible for:

  • keeping the property in repair
  • dealing with urgent issues
  • complying with fitness and safety obligations

If there is a delay in appointing a personal representative, this can cause practical difficulties, but urgent issues should still be addressed wherever possible.

Deposits

Tenancy deposits must remain protected at all times.

If the landlord changes:

  • the deposit scheme must be updated with the new landlord's details, or
  • the deposit transferred to another approved scheme without a break in protection

Rent increases and possession

The death of a landlord does not create new rights to:

  • increase rent, or
  • recover possession

Any rent increase or possession action must follow the usual legal rules and can only be carried out by:

  • a surviving joint landlord
  • a personal representative with authority, or
  • the new landlord after the inheritance

Agents should ensure instructions are taken from the correct legal person before serving notices.

Practical planning for landlords

Landlords are strongly encouraged to plan ahead by:

  • making a will
  • appointing an executor familiar with the rental property
  • ensuring an agent or trusted person knows where key documents are kept

This avoids disruption for contract-holders and reduces risk for families dealing with the estate.

Further information

For further information, you can read Shelter Cymru's guidance here:
https://sheltercymru.org.uk/housing-advice/renting/renting-from-a-private-landlord/what-happens-if-my-landlord-dies/

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