The interaction between probate and residential tenancies is often overlooked during estate administration. However, where a deceased person owned a rental property or was themselves a tenant, executors and personal representatives must understand the impact of the Renters’ Rights Act 2025 on estate management. The legislation has significantly reformed the private rented sector in England, abolishing assured shorthold tenancies and section 21 evictions, while also affecting how estates deal with occupied properties. [gov.uk], [legislation.gov.uk]
The Renters’ Rights Act 2025 introduced substantial reforms to residential letting in England. Among the most significant changes are:
While the Act primarily focuses on landlord and tenant rights, it has important implications for estates being administered following a death. [gov.uk], [legislation.gov.uk]
A common misconception is that a tenancy automatically ends upon the death of a landlord. In fact, the tenancy continues on the same terms and conditions. Responsibility for the property passes to the deceased landlord’s personal representatives pending the administration of the estate. [england.sh…ter.org.uk]
Where the deceased landlord left a will, the executors assume responsibility for the tenancy. If there is no will, the administrators appointed under letters of administration fulfil the same role. Personal representatives may:
The tenancy forms part of the estate until the property is transferred to beneficiaries or sold. [england.sh…ter.org.uk]
Executors administering an estate containing a tenanted property must recognise that they effectively step into the landlord’s position. They inherit both the benefits and obligations associated with the tenancy. [england.sh…ter.org.uk], [letsafeuk.co.uk]
This means:
Failure to comply with landlord obligations may expose the estate, and potentially the personal representatives, to claims from tenants. [letsafeuk.co.uk]
Many executors seek to realise property assets for distribution to beneficiaries. However, where the property is occupied by tenants, possession may not be immediately available.
Under the previous regime, landlords often relied upon section 21 notices. Following the enactment of the Renters’ Rights Act 2025, that route is no longer available. Executors wishing to sell a property must instead rely upon one of the statutory possession grounds where applicable. [gov.uk], [legislation.gov.uk]
Consequently, estate administration may take longer where vacant possession is required before sale. Probate practitioners should therefore factor tenancy arrangements into estate administration timetables and beneficiary expectations. [gov.uk], [letsafeuk.co.uk]
Probate issues can also arise where the deceased was a tenant rather than a landlord.
The death of a tenant does not necessarily bring a tenancy to an end. Succession rights may arise in favour of a spouse, civil partner or qualifying cohabitant who occupied the property as their principal home at the date of death. [england.sh…ter.org.uk], [withfarra.co.uk]
Where no person is entitled to succeed:
Executors should act promptly to establish whether succession rights exist and, where appropriate, serve notice to terminate the tenancy to minimise ongoing liabilities. [withfarra.co.uk], [england.sh…ter.org.uk]
The law of succession in relation to tenancies operates independently of a will.
A qualifying spouse, civil partner or cohabitant may automatically inherit tenancy rights irrespective of the deceased’s testamentary wishes. Accordingly, a tenancy cannot necessarily be gifted under a will to another beneficiary. [england.sh…ter.org.uk], [england.sh…ter.org.uk]
This distinction is important when advising clients on estate planning. Whilst ownership of property may pass under a will or intestacy rules, tenancy succession is governed primarily by housing legislation rather than probate law. [england.sh…ter.org.uk], [england.sh…ter.org.uk]
When administering estates involving rented property, practitioners should:
The Renters’ Rights Act 2025 has increased security for tenants and fundamentally altered the legal landscape for residential landlords. For probate practitioners and personal representatives, the key message is that death does not terminate a tenancy. Whether the deceased was a landlord or tenant, tenancy rights and obligations generally survive, creating important considerations during estate administration. A clear understanding of both probate law and the modern tenancy regime is therefore essential to ensure estates are administered efficiently and lawfully. [england.sh…ter.org.uk], [gov.uk], [legislation.gov.uk]
