Ground 7 is a discretionary ground that applies when the sole tenant under an assured tenancy has died and no one has succeeded to the tenancy. It allows landlords to regain possession from whoever is occupying the property, but only if proceedings are brought within 12 months of the tenant's death (or within 12 months of the court accepting that death occurred).

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.

Ground 7 Death of Tenant Overview

Ground 7 applies when the tenant has died and no succession has occurred

What Is Ground 7?

Ground 7 is set out in Schedule 2, Part II of the Housing Act 1988. It applies where:

"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)

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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: Court Hearing

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)

Ground 7 Process Timeline

Act quickly to stay within the 12-month window

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 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.

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Sensitive Situation

Ground 7 Death of Tenant Overview

Ground 7 applies when the tenant has died and no succession has occurred