If there has been a death in the household
Your housing rights might change if someone you live with dies. Having lived in your home for a long time doesn’t automatically give you the right to stay there.
The key issues that will affect your rights are:
- whether your home is rented or owner-occupied
- whether you have signed or been named in any legal documents relating to the property, such as a tenancy agreement, title deeds, or a will
- whether you have succession rights or rights under the rules of intestacy (this will depend on how you are related to the person who died and where you were living at the time of their death).
If the owner dies
If you live with the owner of your home and they die, your rights will depend on whether your name is also on the title deeds and whether the person left a will or not. If there is no will, special rules of intestacy will apply. This situation can be complicated – you’ll probably need help from a solicitor, who will be able to check the title deeds for you, the terms of any will, how to find out if there is a will, and on the rules of intestacy.
If a tenant dies
If your home is rented and someone living with you dies, there are two main questions you have to ask to work out whether or not you can continue to stay there:
- was your name on the tenancy or license agreement?
- and do you have succession rights?
Other pages in families and relationships
Civil partnerships
Relationship breakdown
Living with family
Renting long term solutions
Home ownership long term solutions
Domestic abuse
Death in the household
Phone an adviser
If you have a housing problem, call our expert housing advice helpline
08000 495 495
Email an adviser
If you have a non-urgent problem and would like to speak to an advisor
email us
Checking the will
If the person who owned your home dies, you need to check whether they left a will. This page explains how to find out whether there is a will and how it might affect your rights
Checking the name on the tenancy
If you rent your home and someone in your household dies, your right to continue living there will depend on whose name the agreement with the landlord was in
Succession rights
A tenancy does not automatically end when the tenant dies. Legally, a tenancy counts as property and you may be able to take over a tenancy if you were living with the tenant who died.
Getting help after a death
Whatever your circumstance, losing someone close to you is a terrible experience to go through. There are specialist agencies that might be able to help you.
Finances after a death
Your financial situation is likely to change if someone you live with dies. You need to ensure that the rent or mortgage will be paid, even if you’re not liable for paying it.
We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 08000 495 495.
