tenancy on death

A tenant under an assured shorthand tenancy agreement is holding over after the initial 6 months’ term. The tenant dies. The agreement provides for a one month notice of termination by the tenant. If the tenant dies, is there any presumption of termination of the tenancy on death, or do the executors have to serve one month’s notice per the tenancy agreement?

Richard Mugford
Mugford & Co Wills (Fareham) Ltd

Unless specifically stated within the tenancy agreement, no, death does not terminate either an AST or a statutory periodic tenancy.

Whilst the executors of the tenant might only be required to give one month’s notice, which can be given before a grant is issued, the landlord is still required to give a minimum of 2 month’s notice, in accordance with the Housing Act 1988.

Whilst an executor will usually act promptly to limit the liability for rent, at times, it is the trustee who terminates the tenancy, in order to protect the trust asset.

Paul Saunders