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Support available when a tenant passes away

What to do if a council tenant passes away 

Bereavement can be traumatic and difficult. Along with coming to terms with the loss of a loved one, there are practical matters to consider. What you need to do when a council tenant dies depends on whether the tenant shared their home.

Letting us know somebody has passed away

If you're the next of kin and wish to inform us of the passing of a tenant, here's how to do it.

Let us know if the tenant has passed away by:

Please include your full name and contact details, and the full name and address of the tenant.

Let us know if the tenant has died and you wish to remain in the property (make a Succession request) by contacting us on:

Please note, you'll need do this even if you were a joint tenant at the property.

All requests to succeed a tenancy will be considered in line with the relevant legislation. If you're considering applying to succeed a tenancy but are not sure if you'll be able to, there's some helpful guidance from Shelter (below).

Council tenancy succession - Shelter England

After you've given notice

If there is a will the executor(s) need to give us notice as only they can legally execute the wishes of the deceased. If there are multiple executors, then they will all be required to sign the notice. South Holland District council will contact you to inform you of the end date of your tenancy, make arrangements to return the keys for the property to us, and to arrange an end of tenancy visit with an allocated member of our housing management team.

If there is no will or executor in place, then by law, South Holland District Council must issue a 'Notice to Quit' (NTQ) on the property and the public trustee to formally end the tenancy.

If there is no will, the next of kin can apply for letters of administration, which allow them to deal with the estate in the same way as an executor. Letters of administration are normally granted to someone who is entitled to inherit under intestacy, if you do so do let us know.

 

From the receipt of notice there is a four-week liability, where the state of the deceased is liable up until the closure of the tenancy.

The tenancy will end 28 days after the Notice to Quit is served. This will be hand delivered to the property and addressed to the 'personal representative' of the deceased tenant. This will end the tenancy four weeks after it is issued. Keys need to be return to the allocated officer by 12:30pm on the Monday following the tenancy end date, we will notify you of this.

Clearing the property

Where the tenant's representative gives notice to end the tenancy, they also agree to clear the property of contents before the keys are handed in. Any contents left in the property after the tenancy has ended become the property of SHDC and we have the right to dispose of such items and recharge the outgoing tenant or their estate. Carpets are fine to leave in the property.

Ifthere is no will, it is for us to end the tenancy and serve a copy on the Public Trustee, clearing ofthe property the landlord must follow the legal procedures outlined in the Torts (Interference with Goods) Act 1977. We will work with the family where possible, however there will be occasions where clearance will need to be completed by professionals, we will keep you inform if such decisions need to be made.

Bereavement Support

Grief affects everyone differently, so if you're having a hard time processing the passing of a friend or loved one, there are a few support services that can help you.

Support for families

Here are a few nationwide charities you can reach out to for counselling and advice:

Mind also has a useful contacts (opens new tab) you could go for support with suggestions on how you can help yourself and others through grief.

All these services are free via the NHS or a bereavement charity. If you're looking for support near you, speak to your GP to be referred to a local service.

Cruse Bereavement Support Leaflet (PDF, 4 MB)

Support for children and young people

There are several charities that can help a child through the grieving process, giving them opportunities to communicate how they're feeling through words, play, art, music or drama.

They include: