Chloe Devall-Douglas
- Senior Associate
- Residential Property
The accidental landlord: inheriting a tenanted property and obtaining vacant possession – key changes from 1 May 2026
When someone dies and leaves behind a property that is already rented out, the executor or administrator (“executor” hereafter refers to either) often becomes an “accidental landlord”; that is, a landlord by circumstance rather than by choice. The property and the tenancy become part of the estate, and as an executor you inherit all landlord obligations from day one, for the duration of the administration period of the estate when the property and tenancy are transferred into the name of the beneficiary entitled under the Will or intestacy rules (as relevant), or until the property is sold (if earlier).
From 1 May 2026, the most far‑reaching reforms to the private rented sector in a generation, come into force. These reforms were introduced by the Renters’ Rights Act 2025 and apply to all existing and new private residential tenancies, including those held by estates.
In many cases, the executors will need to sell the property and the sale proceeds distributed amongst the beneficiaries. Properties are generally more attractive with vacant possession, which leaves the executors with the job of seeking possession from tenants prior to any sale. In these circumstances, and assuming that the tenant is occupying on an assured shorthold tenancy, notice to the tenant has, until 1st May 2026 generally been served pursuant to section 21 of the Housing Act 1988, to terminate the tenancy without having to give a reason. However, The Renters’ Rights Act 2025 abolishes Section 21 “no‑fault” evictions, which means that vacant possession can no longer be recovered easily and a ground must be established to require the tenant to vacate.
What grounds can be used where the executor landlord intends to sell?
The Renters’ Rights Act 2025 has introduced a new ground that entitles landlords to seek possession if they intend to sell the property (new Ground 1A). For executors dealing with a tenanted property, Ground 1A will be a popular route to obtaining vacant possession to proceed with a sale.
To use this Ground, the executor landlord will need to serve a notice (with no less than four months’ notice) and be able to prove a genuine intention to sell the property on the open market (if challenged by a tenant). Evidence such as marketing instructions to an agent will be helpful to demonstrate the intention. However, this Ground cannot be exercised within the first 12 months of a tenancy. Therefore, if the tenancy is less than 12 months old, one may have to wait.
There are also other grounds that may apply, such as if the tenant has breached the terms of the tenancy or is in arrears.
If the tenant fails to vacate the property at the end of the notice period (whichever ground and notice is served), the executor landlord will need to commence possession proceedings and obtain a possession order to require the tenant to vacate the property. Rent can still be collected during this time and such rent shall form part of the estate.
An executor acting as landlord must fulfil all legal obligations before applying to the court for a possession order. Executors who inherit a tenancy often face issues due to past non-compliance.
In summary
Selling an inherited tenanted property is not simple and, from 1st May 2026, is likely to take materially longer given the extended notice period in the new Ground 1A. Estates should plan accordingly for continued tenancy management and ongoing costs.
For further information please contact your usual Wedlake Bell adviser.
This article is for general information purposes only and does not constitute legal advice or a comprehensive statement of the law. Specific legal advice should always be sought in relation to individual circumstances.
Meet the team:
Aileigh Brough
- Associate
- Property Litigation