Section 8 Ground 7: Possession After a Tenant Dies (2026 Guide)

Section 8 Ground 7 lets a landlord in England recover possession when a periodic assured tenancy has devolved under the will or intestacy of the tenant. It is a mandatory ground under Ground 7 of the Housing Act 1988, needs 2 months' notice on Form 3A, and court proceedings must begin within 12 months of the death. This guide covers succession rights, the deadline and the exact steps to serve a valid notice.

By the OfficeDraft Editorial Team · Published June 2026 · Last reviewed · England only

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Section 8 Notice Generator: Ground 7 (Tenant Death)

Form 3A format · notice period calculated for you · England only

Select possession ground(s)

Form 3A is for private-sector assured tenancies in England, notices served on or after 1 May 2026.

You can select more than one ground. If you do, the longest notice period applies.

MANDATORY

Court must grant possession if the ground is proven

DISCRETIONARY

Court decides whether to grant possession

Key points in 30 seconds

  • The tenancy does not end automatically when the tenant dies.
  • A surviving spouse, civil partner or qualifying partner who lived there usually succeeds under s.17, so Ground 7 does not apply to them.
  • Where the tenancy passes through the estate, Ground 7 is a mandatory route to possession.
  • Give at least 2 months' notice on Form 3A.
  • Begin court proceedings within 12 months of the death (or of your awareness, if the court directs).

What Is Section 8 Ground 7?

Ground 7 sits in Part I of Schedule 2 to the Housing Act 1988. Part I grounds are mandatory: if the landlord proves the ground and the notice is valid, the court must make a possession order. That is different from Part II grounds such as Ground 10 or Ground 14, where the judge must also find it reasonable.

The ground applies where the tenancy is a periodic tenancy that has devolved under the will or intestacyof the former tenant, and possession proceedings begin within 12 months of the death. Following the Renters' Rights Act 2025, assured tenancies in England are periodic, so this is the usual position.

Ground 7 is not available against a person who has already acquired the tenancy by statutory succession. Read section 17 of the Housing Act 1988 before serving anything.

Succession Rights: Does Ground 7 Apply?

Statutory succession under the Housing Act 1988 is narrow. It covers a spouse or civil partner (including a partner living with the tenant as such) who occupied the property as their only or principal home immediately before the death, and it can happen only once. Other relatives do not succeed by statute.

Who succeeds to the tenancy and whether Ground 7 applies
Occupier or claimantStatutory succession?Ground 7 available?Notes
Spouse or civil partner living in the propertyYesNoSucceeds under s.17 HA 1988 if occupying as their only or principal home immediately before death and the tenant was not already a successor.
Partner living with the tenant as spouse/civil partnerYesNoTreated as a spouse or civil partner for s.17 purposes. Expect to evidence the relationship.
Adult child or other relative living in the propertyNo (not by statute)Yes, if the tenancy has devolvedNo statutory succession right. The landlord may agree a new tenancy, or rely on Ground 7 against the estate.
Executor or administrator (not living there)NoYesThe tenancy is an asset of the estate. Serve the notice on the personal representatives.
Tenant was already a successor (second death)No (only one succession)Yes, subject to the statutory wordingA tenancy can pass by succession only once. Check how the deceased acquired the tenancy.
Joint tenant survivesSurvivorshipNoThe tenancy continues in the survivor’s name. Ground 7 is not engaged.

General guide only. Disputed relationships, joint tenancies and sub-tenancies need legal advice.

The 12-Month Deadline for Ground 7

Proceedings must be begun within 12 months of the death or, if the court so directs, within 12 months of the date you became aware of it. Serving the notice does not satisfy this; issuing the possession claim does.

Worked example

Tenant dies on 1 July 2026. The claim must be issued by 1 July 2027. Because the notice needs 2 months before proceedings can begin, the very latest sensible service date is the end of April 2027. Allow extra weeks for postal service, court issue times and any correction, and serve as early as the succession position is clear.

Use our possession order timeline calculator to map the stages after the notice expires.

How to Serve a Ground 7 Notice on Form 3A

From 1 May 2026 all Section 8 notices in England use Form 3A. The steps below take you from the death to a valid claim. Our Form 3A completion guide explains each section of the form.

  1. 01

    Confirm the death and the date

    Obtain a death certificate or written confirmation from the estate or next of kin. The date starts the 12-month clock.

  2. 02

    Check for a statutory successor

    Establish whether a spouse, civil partner or qualifying partner was living there as their only or principal home.

  3. 03

    Identify the personal representative

    Ask the family or solicitor who is administering the estate. Where none exists, take advice on serving through the Public Trustee.

  4. 04

    Serve Form 3A citing Ground 7

    Give at least 2 months. Use the prescribed Form 3A and the full statutory wording of Ground 7.

  5. 05

    Issue the claim in time

    If possession is not given, file the claim (Form N5 with N119) before the 12-month deadline.

→ Section 8 Notice Generator→ Form 3A Generator (England)→ Mistakes that void a claim

Ground 7 vs Other Options After a Death

Recommended possession route by situation
SituationLikely routeNotes
No successor, property vacantGround 7 on Form 3AServe on the personal representatives; issue the claim within 12 months of death.
Personal representative or relative in occupationGround 7 on Form 3AServe on the PRs and consider a copy at the property. Keep proof of service.
Surviving spouse living there, rent up to dateNo possession groundThey hold a valid tenancy. Consider a variation or fresh agreement if needed.
Surviving spouse living there, rent unpaidGround 8 or Ground 10See the linked arrears grounds below; the successor is now the tenant.
Occupant behaving antisociallyGround 14 or 7ASeparate grounds apply, usually with immediate court access.
More than 12 months since deathGround 7 only with court directionGround 7 may still be open if the court directs that time runs from your awareness of the death. Get advice.

Arrears grounds: see Ground 8, Ground 10, and use the multiple grounds generator to combine grounds in one notice.

Practical Matters: Belongings, Rent, Keys and Deposit

Belongings

Contents belong to the estate. Do not dispose of or sell them without the personal representative’s agreement, and keep a written record of communications.

Rent

Rent continues to accrue until the tenancy ends. Unpaid rent is a debt against the estate; keep a clear ledger from the date of death.

Access and security

Do not change locks unilaterally. Seek the personal representative’s written consent or legal advice, as forced entry can amount to unlawful eviction under the Protection from Eviction Act 1977.

Deposit

The deposit is protected and repayable to the estate, less lawful deductions. Follow your deposit scheme’s process for deceased tenants.

6 Mistakes That Sink a Ground 7 Claim

The same errors recur. Our guide to fixing an invalid Section 8 notice covers recovery options.

  1. 1.

    Treating the tenancy as ended on death

    It continues until lawfully ended. Retaking possession without a court order or valid consent can be an unlawful eviction.

  2. 2.

    Ignoring a spouse or partner’s succession right

    A successor holds a valid tenancy, so a Ground 7 claim against them will fail. Confirm the occupier first.

  3. 3.

    Serving the old Form 3

    Since 1 May 2026 Form 3A is required for Section 8 notices in England. A notice on the wrong form is likely to be defective.

  4. 4.

    Allowing the 12-month window to close

    Proceedings must be begun in time. Count the notice period backwards from the deadline, not forwards from the date you feel ready.

  5. 5.

    Giving less than 2 months’ notice

    A short notice cannot ground a possession claim. Restart with a correct notice, if time allows.

  6. 6.

    Serving on the wrong person

    Serve the personal representatives or, where none is appointed, take advice on the correct route. Keep proof of service either way.

What Happens After the Notice Expires?

If the property is vacated, agree an inspection and the handling of belongings with the personal representative, then re-let. If it is not, file Form N5 with the particulars of claim (N119) at the county court before the 12-month deadline. Because Ground 7 is mandatory, the court's focus is on whether the ground and the notice are proved, so prepare the death certificate, evidence that no successor exists, and your proof of service. If the occupier stays put, read what to do when a tenant won't leave after a Section 8 notice.

Section 21 no longer exists as a route, so Section 8 is your only option. See Section 8 vs Section 21 and the Renters' Rights Act guide for landlords.

About This Guide and Our Sources

How we wrote it

Every legal statement is checked against the primary legislation listed below and the prescribed Form 3A. Our editorial team reviews it whenever the law or the form changes.

Last reviewed

29 September 2026, following the Renters’ Rights Act 2025 changes that took effect on 1 May 2026.

Scope and limits

England, assured tenancies only. Wales, Scotland and Northern Ireland have separate regimes. This is general information, not legal advice.

Primary sources and official guidance

Written by the OfficeDraft Editorial Team. Read our Terms and Privacy Policy.

Section 8 Ground 7: Frequently Asked Questions

What is Section 8 Ground 7?

Ground 7 is a mandatory ground for possession in Part I of Schedule 2 to the Housing Act 1988. It applies where a periodic assured tenancy has devolved under the will or intestacy of the former tenant, and possession proceedings are begun within 12 months of the tenant’s death. If the ground is proved, the court must make a possession order.

What happens to a tenancy when the tenant dies?

The tenancy does not end automatically. If the tenant’s spouse or civil partner (including a partner living with them as such) was occupying the home as their only or principal home immediately before the death, they normally succeed to the tenancy under section 17 of the Housing Act 1988. If nobody qualifies, the tenancy passes into the estate and the landlord can rely on Ground 7.

Is Ground 7 mandatory or discretionary?

Ground 7 is mandatory. If the landlord proves the ground and complied with the notice requirements, the court must order possession and has no discretion to refuse on grounds of reasonableness. The notice, however, must be valid, so form, ground wording and timing all matter.

What notice period applies to Ground 7?

A Ground 7 notice on Form 3A gives at least 2 months before proceedings can begin. If you cite several grounds in one notice, the earliest court date is set by the ground with the longest notice period.

What is the 12-month deadline?

Court proceedings must be begun within 12 months of the former tenant’s death or, if the court directs, within 12 months of the date the landlord became aware of the death. Serving the notice does not stop the clock; filing the possession claim does, so the notice period must fit inside the window.

Can a child or other relative succeed to the tenancy?

Not by statute. Under the Housing Act 1988 only a spouse or civil partner (or a partner living with the tenant as such) has a right of succession, and only once. A relative who lived with the tenant does not inherit an assured tenancy automatically, though the landlord may choose to grant them a new tenancy by agreement.

Can I change the locks after a tenant dies?

Not without lawful authority. Retaking possession without a court order, or the consent of the personal representative where the property is genuinely vacant, risks an offence under the Protection from Eviction Act 1977. Take advice before entering or securing the property.

Legal disclaimer

OfficeDraft helps landlords prepare Section 8 notices in the prescribed Form 3A format. This page gives general legal information for England and is not legal advice. Ground 7 cases often involve succession, estate administration and multiple occupiers. Take advice from a qualified housing solicitor before serving notice or issuing a claim. You can search the Law Society directory.

Last reviewed: 29 September 2026 · Author: OfficeDraft Editorial Team

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