In order for us to provide you with the best guidance on how to proceed based on your situation and what you require from us, please could you fill in the information in the form below:
https://www.openrent.co.uk/notificationofdeath
Once we have received all the necessary information from this form a member of our team will be in touch to provide you with guidance on the next steps.
Please note if you are seeking to gain access to another user’s account, the process for doing so will require submission of legal documents followed by a 7 day period of security checks.
It is often quicker and easier to gain access to the deceased's accounts by contacting their email provider to gain access to their email address followed by resetting passwords to their online account.
Tenancies created with OpenRent are known as Assured Shorthold Tenancies (ASTs).
Under English law, an AST does not end automatically on the death of a tenant.
For a joint tenancy, for example where a couple is renting, if one of the tenants die then the living tenant will acquire the tenancy.
For a sole tenancy, the Executor of the tenant’s estate will take over the rights and obligations of the tenancy agreement from the tenant.
It is important that you obtain sufficient evidence from the estate’s representative to be sure that the Executor has the authority to deal with the deceased’s affairs. This is particularly important if there is any money to be returned at the end of the tenancy from the deposit, or if there were any personal items left in the property.
The rest of this article will explain what to do in the instance that you have a sole tenancy.
Ending the tenancy
It is likely that the best way forward is to surrender the tenancy as soon as possible.
You can end a tenancy at any time by way of mutual surrender.
Otherwise, due notice can be served between the landlord and the Executor, as according to the tenancy agreement, either using the break clause or a Section 21.
If you choose to sign a deed of surrender then you will need to ensure that the deed clearly states where the deposit should be returned to once the tenancy has ended.
Any personal items left in the property should also be returned to the Executor.
Who will pay the rent?
If there are any rent arrears the Executor will be liable to pay the rent from the tenant’s estate.
What happens to the deposit?
The deposit should be handled in the normal way - i.e. a check-out inventory should be performed and any deductions worked out before it is released to the Executor.
Deductions can be made to cover any unpaid rent or damage to the property.
You can read our full advice about releasing the deposit here.
What if there is no Executor?
If a tenant dies without a will, or with a will but without an Executor, then the tenancy is transferred temporarily to the Public Trustee.
Please be aware that in this circumstance you cannot take back the property immediately, even if the tenancy was due to end. You must go through the proper procedure for serving notice to the Trustee.
You can read the government guidance on this here.
What if the deceased tenant lived with other people who were not co-tenants?
If the tenant was a sole tenant of a periodic tenancy, but lived with either a spouse, civil partner or cohabitee then this person may have rights to continue the tenancy under what is known as “succession’’. This will only be the case if they were occupying the dwelling as their 'only or principal home' at the time of the tenant's death.
What if the tenant dies in the property?
If you find the tenant in the property then you should call the police immediately.
The police will then be able to take the lead and contact any next of kin directly.
If it is found that the tenant has died under suspicious circumstances then you may find that the police require access to the property for a short time.
What if the Executor needs access to the tenant’s OpenRent account?
If the Executor needs to gain access to the deceased’s OpenRent account then please ask them to contact us directly. We will be able to take them through the steps to recover their account.
If they require details of the tenancy agreement then this is likely something that you can provide them with directly.
Information on this site is by way of general guidance only and may not apply in your particular circumstances. You should not act or refrain from acting upon information on this site without seeking independent legal advice.