I need some help regarding the possible termination of a tenancy by my tenant.
The tenants have been good tenants. Sadly, the lady died at the beginning of September 2026, and the legal partner (not married) is now considering terminating the tenancy agreement.
I have read paragraph 12.2 of the tenancy agreement, which states that the tenant is required to give one month’s notice. Could you please confirm whether this is the correct procedure and whether the legal partner simply needs to provide me with one month’s written notice by email?
I would be grateful if someone could also confirm whether there is anything else I need to do as the landlord to formally end the tenancy. The tenancy started 13 December 2024.
Thank you for your help.
If the deceased was the sole tenant, I think you need expert advice here.
Is there any provision in law that gives the surviving cohabitee any right the become the new tenant?
If not, and you have accepted rent from the cohabitee, you may have created a new tenancy without having provided written terms, and serving the correct paperwork.
I haven’t got the legal knowledge to advise.
I agree. If the partner was not a tenant, he may be able to give notice if he is named as an executor of her estate in her will, but you should get proper advice on this.
@Jorge3
If the legal partner was a tenant they give notice as per the tenancy agreement so 1 month if that’s what TA says. If a permitted occupier they shouldn’t give a new payment unless you want to start a new tenancy.
If they are an executor, get them to sign a deed of surrender/end by mutual surrender (or they give notice). Other than any rent arrears no further rent will normally be due, as I understand it, so no point waiting a month to gain possession.
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Good luck
Thank you Karl11. Just to clarify. The TA has the names of Mr A and Ms A. They are not married , Ms A sadly die. The rent was coming out of Ms A’s bank account, as she passed away, I did not get the Sept 26 payment so I contacted Mr A and he organised the rent money straight away. Now Mr A wants to finish the tenancy agreement and move out. I think 1 month notice to me should be sufficient.
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just let him go and then advertise for a new tenant
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