We’re so sorry for your loss. A tenancy doesn’t end when someone dies, so the time you have depends on when it’s ended: for a council or housing association home, Shelter says you usually have about 4 weeks to clear the property once the landlord gives notice, and a private landlord will often agree an end date with you.
Every landlord is different, so get the date agreed in writing. This is general information for England, not legal advice.
Council and housing association homes
According to Shelter, anyone can tell the council or housing association that the tenant has died, and the landlord will usually then send notice to end the tenancy. If you need longer than the 4 weeks or so, ask the landlord for more time or help.
Shelter also explains that rent due after the death, until the tenancy ends, should be paid from the money the tenant left, and that you shouldn’t have to pay it yourself unless you were a joint tenant. If furniture is left behind, the landlord can ask for money for clearing it, but legally only from the money the tenant left.
Privately rented homes
Shelter says most private landlords agree to end the tenancy early when a tenant has died. Get the agreement in writing, including a last date for rent. Speak to the family before anything is removed. Landlords are often happy to let someone clear the belongings, and it helps to show that you’re the executor, or letters of administration if there was no will.
When the deadline comes before the decisions
Often the home has to be empty before the family is ready to decide what to keep. A storage unit lets you hand the keys back on time and sort through things at your own pace.
An executor can rent a unit in their own name straight away, and can usually be repaid from the estate later. The minimum stay is two weeks, then storage carries on until you give notice, normally 14 days, and new customers pay no deposit. Every unit has its own alarm, our CCTV is monitored around the clock, and there are free trolleys at every site. If you’d like help with the lifting, we can put you in touch with local removals firms.
Before anything goes in, clear out food and anything flammable, and keep originals that can’t be replaced, such as the will, at home or with your solicitor.
If you’d like to talk to someone about how you’re feeling, Cruse Bereavement Support’s free helpline is on 0808 808 1677. When you’re ready, call us on 0800 2545585 and we’ll help you plan the clear-out, or get a price online.
Related questions
- Who pays for storage while an estate is sorted out?
- Should I put things into storage before a house clearance?
- What happens to a storage unit when the person renting it dies?
- Who pays for a house clearance after someone dies?
Further reading
- Shelter England: What to do if a council or housing association tenant dies
- Shelter England: What to do if a private tenant dies