Applying to Court for Possession — Accelerated Procedure (England) | Ending a Tenancy (England) | England

Death of tenant just before court hearing

1 Dec 2021 | 1 comment

We have a possession court hearing via section 21 in 2 weeks. However, the tenant has just sadly passed away. So do we still go ahead with the hearing and if so do we have to inform the court of the tenants death?


1 Comment

  1. guildy

    Think we’d be tempted to continue with the hearing because the tenancy doesn’t end on death but instead passes to the estate.

    Also, we always think it’s useful experience especially where the outcome is no longer important to you so can be relaxed at the hearing.

    You wouldn’t get money back anyway!

    That being said, we would telephone the court because if they’re mega busy they might appreciate knowing and suggest cancelling.

    To get possession officially you will need to speak to the next of kin (as it’s technically their tenancy now) and hopefully they will arrange keys in a timely manner.

    Please see here for more information about death of tenant.

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