Ground 7
Death of the Tenant
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.
What You Can Do
Follow this step-by-step guide