Protection from eviction through bereavement

The death of a loved one is a difficult and challenging time for anyone. However, the UK Commission on Bereavement found that for people living in social housing a bereavement can also bring the profound worry and disruption of an immediate eviction notice.

A close bereavement can be devastating and destabilising. In addition to the emotional impact, newly bereaved people face a huge administrative burden and often significant financial challenges with loss of income. They are tasked with many organisations to contact in a short space of time – banks, building societies, energy companies and government organisations to name a few; a mountain of paperwork to complete, and an expensive funeral to organise.

People may also face difficulties in accessing financial support following a bereavement. For example, if the person who has died was the main earner in the household, then the remaining family members may be entitled to benefits such as council tax reduction. However, it can take time for these to be processed, and in the meantime, the family may struggle to pay their bills.

In addition to all of this, some grieving people living in social housing receive an eviction notice and face the strain of having to find somewhere to live, or even the threat of homelessness, through no fault of their own.

Some social tenants lose the right to stay in their home because succession of the tenancy agreement doesn’t pass on to them and currently, could face eviction within as little as four weeks. This is most common with adult children living with their parents.

Others face eviction due to the need to downsize. If the person who died was the main tenant, the remaining family members may be living in a property that is too big for their needs. However, downsizing can be difficult, as there may not be any suitable properties available in the same area- particularly challenging for families with children who may need to stay close to schools and support networks.

People who shared evidence with the UK Commission on Bereavement described how having to leave the family home, with all its memories, compounded feelings of distress, especially so soon after the death.

“Once she died the Council then went to reclaim the house. So [her three children] had to leave the family home that they had lived in all their lives...”

So, what can be done? The Bereavement Commission’s report ‘Bereavement is Everyone’s Business’ sets out a vision for change with eight principles that all bereaved people must be able to say, including ‘I feel secure in my home and have the right financial support’. It calls for new regulations requiring landlords to give tenants at least six months’ notice of eviction after a bereavement so they have time to make the proper arrangements and not do so whilst they are first bereaved. Having this built into all tenancy agreements would give people in social housing the leeway needed to adjust to their bereavement and make the necessary plans to move.

In the short term, we are keen to support good practice among social landlords - including local authorities, councils and housing associations – to ensure they are supporting bereaved people as effectively as possible.