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If the Council isn’t given vacant possession by family or an Executor after a tenant dies there are set legal ways to bring the tenancy to an end. This guidance explains those and also explains who deals with a tenant’s belongings and affairs if there is no known next of kin or Executor.
Previously part of the "death of a tenant and succession procedure". Read the full guidance here
A secure tenancy ends with the death of a tenant if there is no statutory succession but there will still be a contractual common law tenancy. An NTQ should be served to cease the common law tenancy.
Address this to
‘The personal representative of [full name of tenant], deceased’ of [deceased's address]
You will need to pay a £40 registration fee. This should now be paid by your team's credit card. Pay to register a notice with the Public Trustee.
When you have paid the fee and got a payment reference number you can apply to register the notice with a NL1 form. You'll need:
Use the online application service to submit a NL1 form.
If you cannot use the online payment service or the online application form, send an email to the Public Trustee to find out how you can apply in a different way.
The Public Trustee aims to respond within 15 working days.
You can search the Public Trustee's register if your notice is registered.
Official guidance is on essentials here.
Remember to add a case to LWP and add an expected end date to the tenancy with the NTQ expiry date as the expected end date when we have been told someone has died. Do this even if you think someone might succeed to the tenancy (in which case the termination reason would be SUC or NSS rather than deceased).
Afterwards, update the arrears action page on Northgate with the DECD code adding in the date of death and noting if it was Covid-19 related in the drop down.
Update 27/11/20 removing need to send by post.
Updated first para 10/6/21
Updated 28/9/23 to add in new government guidance.