Ending the tenancy and rent payments

The tenancy does not end when the tenant dies, and the only people who can end it are:

• an executor - this is someone named in a will as the person who will deal with everything owned by the deceased;
• an administrator - this is someone who has applied to the Probate Registry and obtained Letters of Administration (sometimes called the Grant of Probate).

A Next of Kin who is not the executor or administrator cannot end the tenancy.

Ipswich Borough Council requires four clear weeks notice on all tenancies, starting on a Monday and ending on a Sunday. We will write and confirm the tenancy end date. To give us notice, the executor or administrator must complete a Notice to Quit.  We will need to see the following documents and it is helpful if these can be brought to the Customer Services Centre with the Notice to Quit:

1. The original death certificate or an interim confirmation of death (if the Coroner is involved). We cannot accept notice unless this is provided.
2. A copy of the relevant section of the will, giving proof that the person giving notice is the executor of the estate or copies of the court documents appointing the administrator.

If there is no executor or administrator Ipswich Borough Council will serve Notice on the Public Trustee's Office to end the tenancy. This means that the tenancy ends four weeks after the Notice is served.

During the four weeks notice period rent will be charged. If the deceased was in receipt of housing benefit payments will stop at the date of death and therefore won't cover the rent between the date of death and the tenancy ending. The executor, administrator or family members are not responsible for rent payments. The rent and any other charges will be made against the estate once the tenancy is ended.

Clearing the property

Before you return the keys it is important that the property including the garden has been cleared of all belongings, carpets, laminate flooring and all other fixtures and fittings such as curtain rails, shelves, light fittings etc. If there are items left in the property after the tenancy end date, the Council may have to recharge the deceased’s estate for the cost of their removal.

Visit Disposing of bulky household items if you need to have large items of refuse collected, or contact the Ipswich Furniture Project on 01473 404004 if the items can be reused.