What happens to rent payments if a tenant dies?

While some changes made the headlines – the axing of Section 21, for instance – others drew less attention, including the updated rules for when a tenant passes away during a tenancy. And yet everyone must understand their revised rights and financial responsibilities for rent payments, including landlords and guarantors.

Let’s go over the key details.

The former system

Under the Housing Act of 1988, when a tenant passed away, the person who signed up as their rent guarantor was liable to continue paying their rent. This was because the tenancy did not automatically end at this point, and so the guarantor needed to pay the rent arrears until the tenancy was legally terminated. Sometimes, a break clause could be activated, the landlord agreed to end the contract early, or a court ordered possession of the property. Other times, the guarantor was required to pay rent for the entire remaining period. 

This person could find themselves under real financial strain while grieving a loved one’s death. And if they refused to pay the rent, the landlord could take legal action to recover the losses from their own assets.

The new system

Part of the Renters’ Rights Act is the introduction of mandatory periodic tenancies. No longer will tenants commit to paying, say, 12 months of rent for a property – instead, tenancies are on a rolling basis. This changes how the legalities work.

Under the Renters' Rights Act, a guarantor is not liable for any rent due after the tenant's death, provided the guarantee was entered into on or after the 1st of May 2026. (They remain liable for any unpaid rent, cleaning costs, and damage before the date of death, however.)

Since this lowers the guarantor’s financial risk, the reform should make it easier for tenants to find someone willing to take on this role – and so help more people to access the private rented sector.

Here are a few other things to note:

• Where there is a single tenant, all guarantors are released from rent liability on the date of death, regardless of their relationship to the deceased.
• In the case of joint tenancies, the guarantor's liability only ends if they are a family member of the deceased tenant — if they are not, they remain liable as the tenancy continues for the surviving tenants. In all cases, the deceased tenant’s estate remains responsible for rent payments until the tenancy agreement is legally ended. Their estate includes money in the bank and any assets, although funeral costs must be covered first. If there isn’t enough money, the landlord will be unable to recover the rent and must accept the financial loss. The debt doesn’t transfer to the guarantor or family members.
• After a tenant dies, their tenancy typically passes to a family member or another personal representative who must contact the landlord and arrange for the tenancy to be terminated. 

Final thoughts

If in any doubt about your financial responsibilities, we recommend you speak to a professional for advice. We’ll continue to share guidance for landlords and tenants here on the Winkworth blog, including the strengthening of rent repayment orders