Ground 7

Death of the Tenant

Explanation

Explanation

Explanation

What is Ground 7 - Death of the Tenant

What must be proved: 
a) The original tenant has died

b) The tenancy has passed by will or under the rules of intestacy, but not under succession rights (i.e., not under statutory succession as defined by the Housing Act 1988). 

c) The landlord has begun possession proceedings within 12 months of the tenant’s death, or within 12 months of the landlord becoming aware of the death (if delayed). 

Possession during fixed term 
Allowed if tenancy agreement permits. 

Minimum notice period that landlord will seek possession using this ground
Two months. 

Mandatory Ground 
As this is a mandatory ground, if the landlord proves the ground, the court must order possession. There is no power vested in the court to consider ‘reasonableness’ of granting possession in relation to this mandatory ground if the landlord is able to prove the requirements of the Ground. 

Guide

Guide

Guide

What You Can Do

Follow this step-by-step guide

1

Check Notice Requirements

After Checking the Requirements

The Notice has not been served or is invalid

If notice has not been served or is in valid, then this must be outlined in the defence form or to the court.

The Notice has been served and is valid

Proceed to Step 2

1

Check Notice Requirements

After Checking the Requirements

The Notice has not been served or is invalid

If notice has not been served or is in valid, then this must be outlined in the defence form or to the court.

The Notice has been served and is valid

Proceed to Step 2

1

Check Notice Requirements

After Checking the Requirements

The Notice has not been served or is invalid

If notice has not been served or is in valid, then this must be outlined in the defence form or to the court.

The Notice has been served and is valid

Proceed to Step 2

2

Check the Claim form & Particulars of Claim Requirements

After Checking the Requirements

The requirements for the Claim form & Particulars were not followed

Then this must be outlined in the defence form or to the court.

The requirements for the Claim form & particulars were followed

Proceed to Step 3

2

Check the Claim form & Particulars of Claim Requirements

After Checking the Requirements

The requirements for the Claim form & Particulars were not followed

Then this must be outlined in the defence form or to the court.

The requirements for the Claim form & particulars were followed

Proceed to Step 3

2

Check the Claim form & Particulars of Claim Requirements

After Checking the Requirements

The requirements for the Claim form & Particulars were not followed

Then this must be outlined in the defence form or to the court.

The requirements for the Claim form & particulars were followed

Proceed to Step 3

3

Check if This Ground Can Be Disputed

After Checking the Requirements

The Ground can be disputed

Then this must be outlined in the defence form or to the court.

The Ground cannot be disputed

Proceed to FAQ Section Below

3

Check if This Ground Can Be Disputed

After Checking the Requirements

The Ground can be disputed

Then this must be outlined in the defence form or to the court.

The Ground cannot be disputed

Proceed to FAQ Section Below

3

Check if This Ground Can Be Disputed

After Checking the Requirements

The Ground can be disputed

Then this must be outlined in the defence form or to the court.

The Ground cannot be disputed

Proceed to FAQ Section Below

FAQ

FAQ

FAQ

Frequently Asked Questions

What to do if Possession is Ordered?

Check the Type of Order

  • Outright Order: You must leave by the date (usually 14 days).

  • Suspended/Postponed: You can stay if you meet the conditions (e.g. pay arrears).

  1. Ask for More Time

    • Apply for up to 6 weeks if eviction would cause exceptional hardship.

    • Ask at court or apply within 14 days.

  2. Challenge the Order

    • Appeal if there was a legal mistake.

    • Set aside if you missed the hearing and had a good reason.

  3. Suspend the Eviction Warrant

    • If a bailiff’s warrant is issued, apply to suspend it using Form N244.

    • Show you’ve resolved the issue or need more time.

  4. Get Homelessness Help

    • Apply to the council as homeless before eviction.

    • They must help if you're eligible.

What to do if Possession is Ordered?

What to do if Possession is Ordered?

How to include the challenges of Multiple Different challenges from above in the Defence form?

How to include the challenges of Multiple Different challenges from above in the Defence form?

How to include the challenges of Multiple Different challenges from above in the Defence form?

How to make my arguments relating to the challenges I identified, at Court?

How to make my arguments relating to the challenges I identified, at Court?

How to make my arguments relating to the challenges I identified, at Court?

Can Possession be Delayed?

Can Possession be Delayed?

Can Possession be Delayed?

Where can I get extra support?

Where can I get extra support?

Where can I get extra support?

Achieve effective, efficient and actionable legal support with TenantShield.

Achieve efficient support by using

our Step-by-Step Legal Guides and AI Assistant.

Achieve effective, efficient and actionable legal support with TenantShield.

Achieve efficient support by using

our Step-by-Step Legal Guides and AI Assistant.

Achieve effective, efficient and actionable legal support with TenantShield.

Achieve efficient support by using

our Step-by-Step Legal Guides and AI Assistant.