Section 8 Ground 7: death of the former tenant
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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 legacy Section 21 checker.
- For the dates, forms, and evidence behind legacy Section 21 notice rules, see all Section 21 condition guides before you respond.
- If this issue overlaps with legacy Section 21 notice rules, check England tenant rights guide to compare the legal tests.
- For a fuller breakdown of deposit protection and deduction disputes, use deposit protection rules guide for the underlying rule set.
- If you need the route-specific rules on legacy Section 21 notice rules, start with renter questions hub so you can check the dates and documents against your own case.
Sources used for this guide
These are primary legislation and public guidance sources that support the legal-information framework used on this page.
- Housing Act 1988
Primary statute for assured tenancies, Section 8 possession notices, Schedule 2 grounds, and legacy Section 21 rules. - Renters' Rights Act 2025
Primary reform statute referenced by these guides for the 2026 private rented sector changes in England. - GOV.UK assured tenancy forms guidance
Official forms guidance for assured tenancy possession notices, including the current Section 8 notice forms used in England. - GOV.UK: possession action process
Government guidance on the possession claim process, including notice, court, possession order, and enforcement stages. - Shelter Legal: Section 8 notices
Shelter Legal guidance on Section 8 notice validity, Form 3, particulars, service, notice periods, and time limits.
Related articles
- Deposit protected late? Section 21 may be invalid
How late deposit protection after the 30-day deadline affects a legacy Section 21 notice. - Section 21 deposit protection prescribed information validity
Current guidance on deposit amount, property address, and prescribed-information checks for legacy Section 21 notices. - Section 21 abolished: what happens now?
The transition guide for pre-cutoff notices, the 1 May 2026 changeover, and when possession analysis switches to Section 8. - 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.