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The former tenant has died and the tenancy has devolved under their will or intestacy.
Ground 7 of Schedule 2 to the Housing Act 1988 provides a mandatory ground for possession where the tenant under an assured tenancy has died, the tenancy has devolved under the tenant's will or intestacy, and no one is entitled to succeed to the tenancy under the statutory succession provisions.
When an assured tenant dies, the tenancy does not automatically end. Instead, it passes to the tenant's estate under the normal rules of succession. If the tenant's will leaves the tenancy to someone, or if the tenancy passes under the intestacy rules, the new tenant (the personal representative or beneficiary) holds the tenancy. Ground 7 allows the landlord to recover possession in these circumstances.
However, Ground 7 cannot be used if a person is entitled to succeed to the tenancy under the statutory succession provisions of the Housing Act 1988. Under those provisions, a surviving spouse, civil partner, or cohabitant who was occupying the property as their only or principal home at the time of the tenant's death is entitled to succeed to the tenancy. If a statutory successor exists, Ground 7 is not available and the successor becomes the new tenant.
The landlord must begin possession proceedings within 12 months of the death of the original tenant, or within 12 months of the date on which the court considers the landlord became aware of the death. Proceedings brought outside this window will be time-barred.
The notice period for Ground 7 is 2 months. The landlord must serve a Section 8 notice on the personal representatives of the deceased tenant (or on the person in occupation) specifying Ground 7 and allowing at least 2 months before proceedings are issued.
Ground 7 is not subject to the 12-month restriction under the Renters' Rights Act 2025. This is because the ground arises from a specific event — the death of the tenant — rather than from a landlord's voluntary decision to seek possession.
As a mandatory ground, the court must grant possession if the conditions are established. The main issues in practice are confirming that the tenant has died, that no statutory successor is entitled to the tenancy, and that proceedings are brought within the 12-month time limit.
A properly drafted tenancy agreement makes it far easier to rely on Section 8 grounds if things go wrong. Generate your complete RRA-compliant document pack in minutes.
This guide is for general information only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change and individual circumstances vary. You should always seek independent legal advice before taking action to recover possession. TenancyPack is not regulated by the Solicitors Regulation Authority.