Ending a tenancy following the death of the tenant: Court of Appeal clarifies Notices to Quit regime
Author: Dr Christina Lienen
When an assured or secure sole tenant dies and there is no other person entitled to statutorily succeed to the tenancy, a contractual tenancy will continue to exist despite security of tenure having, inevitably, been lost. Where the deceased tenant has left a will, the contractual tenancy will vest in their executors. Where no will exists, the contractual tenancy vests in the Public Trustee (Administration of Estates Act 1925, section 9(1)).