Section 8 Ground 7 Explained: Death of Tenant (England)
Ground 7 allows possession when the original tenant has died and proceedings are brought within 12 months. Learn succession rights, timing, and the court pro...
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This guide explains the problem in plain English first, then shows you the next practical step when you are ready.
Your tenant is breaching the tenancy and you need to know whether Section 8 notice guide is the right route. This guide explains how it works, what evidence matters, and what to do next.
What landlords should do next
If you are under pressure, decide the route early. In England after 1 May 2026, Section 21 is no longer the live route for new cases. If this ground fits, the next step is using the current Form 3A process with the right evidence and timing.
Need to act on an England possession ground now?
For post-1 May 2026 England cases, Section 21 has gone and the live route is the Form 3A possession notice. Choose the product that matches how far the case has gone.
- Eviction Notice Generator for the Form 3A notice, service instructions, validity checklist, compliance declaration, and arrears statement before you serve anything.
- Complete Eviction Pack if you want the notice, N5, N119, evidence checklist, witness material, and court-ready file working together from the start.
- Section 8 guide if you want the rule overview first.
Sensitive Situation
The death of a tenant is a sensitive matter. While landlords need to manage their properties, handling these situations with compassion is important. The law provides a reasonable process that respects both property rights and human circumstances.
What Is Ground 7?
Ground 7 is set out in Schedule 2, Part II of the Housing Act 1988. It applies where:
Next step for landlords
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"The tenancy is a periodic tenancy (including a statutory periodic tenancy) which has devolved under the will or intestacy of the former tenant and the proceedings for the recovery of possession are begun not later than twelve months after the death of the former tenant..."
Key Elements
- Periodic tenancy: Ground 7 applies to periodic tenancies (including ASTs that became periodic)
- Devolution: The tenancy passed to someone through will or intestacy
- No succession: The new occupier didn't succeed to the tenancy under the Housing Act
- 12-month limit: Proceedings must start within 12 months of death
Ground Details
- Type: Discretionary (court considers reasonableness)
- Notice period: 2 months minimum
- Applies to: Periodic tenancies only
Understanding Succession Rights
Before using Ground 7, understand whether someone has succeeded to the tenancy under the Housing Act 1988:
Who Can Succeed?
Under an assured tenancy (including AST), the tenant's spouse or civil partner can succeed if they were occupying the property as their only or principal home immediately before the tenant's death.
Only One Succession
Only one succession is allowed under the Housing Act 1988. If the deceased tenant was already a successor (inherited the tenancy from someone else), no further succession can occur.
Cohabitees and Family
Unlike Rent Act tenancies, there is no automatic succession right for cohabitees or family members under assured tenancies. However, the tenancy may pass to them through the will or intestacy—but this is devolution, not succession, and Ground 7 can apply.
Succession vs. Devolution
Succession gives the new tenant full rights under the Housing Act—Ground 7 doesn't apply. Devolution (through will or intestacy) passes the tenancy but without the same protections—Ground 7 can apply.
The 12-Month Time Limit
Ground 7 has a strict 12-month time limit:
When Does the Clock Start?
The 12-month period begins from:
- The date of the tenant's death, OR
- If later, the date the court accepts that the tenant died (where death date is uncertain)
What Must Happen Within 12 Months?
You must begin proceedings within 12 months—this means issuing the court claim, not just serving notice. Work backwards:
- Issue court claim within 12 months of death
- Serve Section 8 notice at least 2 months before issuing claim
- Investigate succession rights before serving notice
What If You Miss the Deadline?
If 12 months pass without proceedings, Ground 7 is no longer available. You may still have other options:
- Section 21 notice (if still available before May 2026)
- Other Section 8 grounds if applicable (e.g., rent arrears)
Using Ground 7
Step 1: Confirm No Succession
Establish whether anyone has succeeded to the tenancy under the Housing Act. Ask:
- Was the deceased tenant married or in a civil partnership?
- Did the spouse/civil partner live there as their main home?
- Was this already a succession?
Step 2: Identify Current Occupiers
Find out who is living in the property and their relationship to the deceased. They may have inherited the tenancy through the will or intestacy.
Step 3: Serve Section 8 Notice
Serve Form 3 (Section 8 notice) specifying Ground 7. Give at least 2 months' notice. The notice goes to whoever is occupying the property—the "personal representatives" of the deceased or any other occupier.
Step 4: Issue Court Proceedings
Use Form N5 (standard possession). Remember to issue within 12 months of the death date.
Step 5: step-by-step UK eviction process
At the hearing, you must prove:
- The original tenant has died
- No one has succeeded under the Housing Act
- Proceedings were begun within 12 months
- The tenancy was periodic (not fixed-term)
Practical Steps After a Death
When you learn a tenant has died:
Immediate Actions
- Express condolences: Handle the situation sensitively
- Secure the property: If empty, ensure it's safe
- Document everything: Note the date you learned of the death
Within First Month
- Identify who is occupying the property
- Research succession rights
- Contact the tenant's family or personal representatives
Key Decisions
- Do you want to offer a new tenancy to the occupiers?
- Are there rent arrears to address?
- Will you pursue possession under Ground 7?
Timeline Awareness
Keep track of the 12-month deadline. Mark it in your calendar. If you decide to pursue Ground 7, allow time for the notice period (2 months) and court processing.
Consider All Options
Before pursuing eviction, consider whether offering a new tenancy to existing occupiers makes sense. They may be good tenants who have been paying rent. A new AST gives you a fresh start with proper documentation.
Ground 7 FAQ
What if the tenant's spouse still lives there?
If the spouse or civil partner was living there as their main home, they have likely succeeded to the tenancy under the Housing Act. Ground 7 doesn't apply to successors—they have the same rights as the original tenant.
Can I use Ground 7 for a fixed-term tenancy?
No. Ground 7 only applies to periodic tenancies. If the tenant died during a fixed term, the tenancy continues until the term ends (and becomes periodic), at which point Ground 7 could apply if still within 12 months of death.
Who do I serve the notice on?
Serve the Section 8 notice on the current occupiers. If you know the personal representatives (executors of the will or administrators), serve them too. If you don't know who's there, investigate before serving.
What about rent arrears from before death?
Rent owed before death is a debt of the estate. You may be able to claim from the estate through probate. Rent owed after death by occupiers who don't succeed may be claimed from them directly or as a money claim for unpaid rent alongside possession.
Is Ground 7 mandatory or discretionary?
Discretionary. Even if you prove the ground, the court considers reasonableness—the circumstances of the occupiers, impact of eviction, your needs, etc. Courts generally grant possession if there's no good reason to refuse.
What if I want the tenant's family to stay?
You can offer them a new tenancy agreement. This is often the simplest solution—it creates a fresh contractual relationship with proper documentation and may avoid the need for any proceedings.
Handle Complex Situations
Death of a tenant situations require careful handling. Our eviction packs include Section 8 notices and guidance for Ground 7 cases. For complex succession issues, consider professional legal advice.
Get Section 8 Notice ?What to do next
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