Tenancy agreements: a guide for landlords (England and Wales)
If your tenant dies without an executor or a will
The tenancy is transferred temporarily to the Public Trustee if a tenant dies:
- without a will
- with a will but without an executor
You cannot take back a property automatically even if the tenancy was due to end.
You may be fined if you try to repossess a property without following the rules.
Reclaim your property
To reclaim your property, you need to do the following:
- post or deliver a letter to the tenant’s last known address saying you’re giving written notice
- pay a fee to register a written notice with the Public Trustee
- submit a NL1 form online to register your written notice
Give written notice
Address the written notice to: “The Personal Representative of [full name of the tenant who died] of [last known address for the tenant who died]”.
If you do not address the written notice in this way, your application could be rejected.
Apply to register the written notice
You need to pay a £40 registration fee. Pay to register a notice with the Public Trustee. You’ll need a credit or debit card.
When you’ve paid the fee and got a payment reference number, you can apply to register the notice with a NL1 form. You’ll need:
- the payment reference number
- an electronic copy of the written notice
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
todenquiries@ospt.gov.uk
Get a decision about your application
The Public Trustee will register or reject your application. You should get their decision within 15 working days of sending your application and payment, but it can take longer.
If your application is registered, you’ll be told the date it was put in the register.
If your application is rejected, for example because it’s incomplete, you’ll be told why the Public Trustee cannot register it.