Section 8 Notice – Death Of Tenant

Introduction

This page deals with the section 8 notice where possession is sought after a sole tenant has died but some person is residing in the property as their principle home and you wish to obtain possession.

For more information regarding death of a tenant, please see this article.

You will be relying on Ground 7 (death of tenant).

Important please read

This notice can only be served when the tenancy is periodic. If in doubt contact the Guild.

Where a sole tenant resides with a spouse (including partner) and the partner / spouse is not named, the tenancy will vest in the spouse in most cases (speak to the Guild and see section 17 Housing Act 1988). As a result, this procedure will not be appropriate as the tenancy can be ended in the normal ways by serving notice on the spouse.

Note that if the tenant (i.e. the personal representative or the beneficiary, as the case may be) is not occupying “the dwelling as his only or principle home” the tenancy will cease to be assured and it will not be necessary to rely on Ground 7. The tenancy will be an ordinary common law tenancy terminable by a notice to quit.

Ground 7 expressly states that for the purposes of that ground the acceptance by the landlord of rent from a new tenant after the death of the former tenant shall not be regarded as creating a new periodic tenancy, unless the landlord agrees in writing to a change (as compared with the tenancy before the death) in the amount of the rent, the period of the tenancy, the premises which are let or any other term of the tenancy.

Possession proceedings must be commenced after expiry of the notice and must be commenced within 12 months of the date of the death (not the date of the notice).

The section 8 notice

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