1. Start with compassion
The first thing to remember is that this is a deeply personal event for the tenant’s loved ones. Whether you’re contacted by a family member, executor, or friend, take time to acknowledge their loss.
A simple, kind response goes a long way: “I’m so sorry for your loss. Please don’t worry about the tenancy details right now - we’ll help make this as straightforward as possible.”
This sets the tone for everything that follows. While there are still legal obligations to meet, approaching the situation with empathy will make a difficult process easier for everyone.
2. Confirm the type of tenancy
The steps you take next depend on whether the tenancy was sole or joint.
Sole tenancy
If the tenant was the only person named on the tenancy agreement, their next of kin or representative (such as the executor of their estate) can give 21 days’ written notice to end the tenancy.
In most cases, you can agree on a different timeframe if both sides need flexibility - for example, if the family requires extra time to sort belongings, or if the landlord chooses to waive some of the notice period out of kindness.
If no representative comes forward, the landlord must apply to the Tenancy Tribunal to:
- End the tenancy formally
- Gain possession of the property
- Obtain an order to dispose of any belongings
- Request release of the bond
Until the tenancy officially ends, rent remains payable from the estate.
Joint tenancy
If there were other tenants named on the tenancy agreement, the situation is different.
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If the remaining tenant wants to stay:
The tenancy can continue. The deceased tenant’s name should be removed through an amendment to the tenancy agreement, and a Change of Tenant form (along with a copy of the death certificate) should be sent to the Bond Centre.
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If the remaining tenant wants to leave:
They can give 21 days’ written notice (for periodic tenancies). The death certificate will explain why the other tenant isn’t signing the bond refund form.
For fixed-term tenancies, surviving tenants can apply to the Tenancy Tribunal to end the agreement on the grounds of hardship.
The Tribunal generally recognises the death of a tenant as sufficient hardship to end the fixed term early.
3. Managing the bond
Once the tenancy ends, the bond can usually be released.
- If there are rent arrears, landlords can request the bond be paid to them by supplying a copy of the death certificate.
- If there are other costs - such as cleaning, rubbish removal, or repairs - it’s best practice to apply to the Tenancy Tribunal before claiming from the bond. This ensures transparency and prevents future disputes.
- If there’s bond money left over, the tenant’s representative will need to provide proof they are entitled to receive it (for example, a copy of the will).
If you’re unsure who is legally entitled to the remaining bond, it’s safest to not release the funds.
4. Dealing with belongings
When a tenant passes away, their possessions become part of their estate. Ideally, a family member or representative will collect them promptly.
If items remain in the property and no one comes forward, you’ll need to apply to the Tenancy Tribunal for permission to dispose of them. The Tribunal will typically allow you to remove and store the belongings for a set period or authorise disposal if storage costs would exceed their value.
Keep a written record and photos of any belongings left behind - this helps protect you if questions arise later.
5. Outstanding rent or debts
Rent is payable up to the date the tenancy officially ends. However, the tenant’s family is not personally responsible for rent or other debts. These must be recovered from the tenant’s estate, if sufficient funds are available.
If the rent or cleaning costs exceed the bond, landlords should:
- Apply to the Tenancy Tribunal for an official decision confirming the debt, then
- Provide a copy of the Tribunal order to the executor handling the estate.
If the estate has no funds, unfortunately, the debt is unlikely to be recoverable.
6. Balancing practicality and kindness
Even in difficult circumstances, clear communication and documentation matter. Always put empathy first, but also protect yourself by keeping written records, notice dates, and copies of correspondence.
Whenever possible, try to find a solution that minimises distress — for example, by allowing an extra week for family to collect belongings or by waiving minor outstanding rent.
Many experienced landlords and property managers say the same thing: kindness counts. This is one of those times where being human matters more than being procedural.
A tenant’s death is something no one can plan for, but understanding your obligations helps you respond calmly and compassionately.
Handle each step carefully, follow the legal process, and remember that empathy will always make a lasting difference.
If you manage your tenancy through myRent, keeping clear digital records — inspection reports, bond details, and tenancy agreements — can make these rare situations much easier to navigate.
This article is for general information only. You should always seek personalised, professional advice before acting on any of the material.
