Section 8 Ground 7: death of the former tenant
Direct answer
Ground 7 is a mandatory possession ground used where a periodic tenancy has passed on the death of the previous tenant. The landlord must start proceedings within 12 months of the death, or 12 months from when the landlord had notice of it. Statutory succession rights for spouses, civil partners, and cohabitants override Ground 7 in many cases.
This is legal information, not legal advice. If your situation is urgent or already in court, call Shelter on 0808 800 4444 or contact your local Citizens Advice for free expert advice.
Free checkers
- Section 8 checker
Run the free interactive Section 8 checker for a personalised analysis based on your facts. - All Section 8 grounds
Browse the hub of the main Section 8 possession grounds private renters face.
Related guidance inside this topic
- If your next step turns on legacy Section 21 notice rules, read Section 21 notice validity outcome guides.
- For the dates, forms, and evidence behind legacy Section 21 notice rules, see Section 21 checker before you respond.
- If this issue overlaps with section 13 rent increase rules, check rent increase checker to compare the legal tests.
- For a fuller breakdown of landlord repair duties, use housing repairs checker for the underlying rule set.
- If you need the route-specific rules on legacy Section 21 notice rules, start with Section 21 abolition guide so you can check the dates and documents against your own case.
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- Rent increase rules in England
The split between pre-1 May 2026 and post-1 May 2026 section 13 rules, including Form 4, Form 4A, notice periods, and tribunal rights. - Tenant rights in England: complete guide
The main overview page linking eviction, repairs, deposit protection, rent increases, and illegal eviction rights together. - Renter questions answered
Plain-English answers to the most-asked questions from private renters in England — eviction, deposits, rent increases, repairs, illegal eviction, and pets. - Old rules vs new rules after May 2026
The side-by-side transition guide for Section 21, Section 8, rent increases, and periodic tenancies after 1 May 2026. - Renters' Rights Act 2026: complete guide
The main reform guide covering Section 21 abolition, Section 8, rent increases, pets, and private rented sector enforcement changes.
Common questions
- Who has a statutory right of succession?
- The spouse, civil partner, or cohabitant of the deceased tenant — provided that person was occupying the property as their only or principal home immediately before the tenant's death and the deceased was the sole tenant.
- What if I was paying the rent for years before the tenant died?
- Paying rent does not create a tenancy or succession right by itself. You need to fall within the statutory categories. However, paying rent and remaining after the death may amount to a new informal tenancy by conduct — get advice quickly to lock that in.
- Does a Ground 7 Section 8 notice mean I have to leave immediately?
- No. A Section 8 notice never gives a landlord the right to evict you on its own. Even after the notice period expires, the landlord must apply to the county court, win a possession order, and then book a court bailiff. Until a bailiff with a warrant attends, you do not have to leave. If anyone tries to remove you without that paperwork, that is illegal eviction.
- Where can I get free, urgent advice?
- Call Shelter on 0808 800 4444 or contact your local Citizens Advice. If you are at immediate risk of being locked out, contact the police and your local council's tenancy relations team. This guide is legal information, not legal advice.
Use the interactive checker on getrentersrights.com for the full step-by-step result.