Tenancy agreements: a guide for landlords (England and Wales)
If your tenant dies without an executor or a will
If a tenant dies without an executor or a will, the process for reclaiming your property depends on if the property is in England or Wales.
You may be fined if you try to repossess a property without following the rules.
If your property is in England
The tenancy is transferred temporarily to the Public Trustee.
You need to give written notice and register it with the Public Trustee to reclaim your property.
You cannot take back a property automatically even if the tenancy was due to end.
If your property is in Wales
The tenancy will end automatically one month after a tenant dies.
You usually do not need to give written notice and register it with the Public Trustee to reclaim your property.
You might need to register a written notice with the Public Trustee if another notice that affects the property has been served. For example, the council has served a notice advising that essential works need to be done.
Talk to a solicitor if you think this might apply to your property.
Giving written notice
Post or deliver a letter to the tenant’s last known address saying you’re giving written notice.
Address the written notice to: “The Personal Representative of [full name of the tenant who died] of [last known address for the tenant who died]”.
If you do not address the written notice in this way, your application could be rejected.
Apply to register the written notice
You need to pay a £40 registration fee. You’ll need a credit or debit card.
Pay to register a notice with the Public Trustee.
When you’ve paid the fee, you can apply to register the notice. You’ll need:
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the payment reference number
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an electronic copy of the written notice
If you cannot use the online payment service or the online application form, email the Public Trustee to find out how you can apply in a different way.
The Public Trustee
todenquiries@ospt.gov.uk
Get a decision about your application
The Public Trustee will register or reject your application. You’ll usually get their decision within 15 working days of sending your application and payment.
If your application is registered, you’ll be told the date it was put in the register.
If your application is rejected, for example because it’s incomplete, you’ll be told why the Public Trustee cannot register it.