contract-law england-and-wales
What happens with the decedents&#39; estate when a person dies whilst in a rolling contract?
<p>If a person dies whilst in a rolling contract, and payments are still taken from the account for a few months,would the company be legally forced to return the money to the account? </p>

<p><strong>Short version:</strong> No. The deceased tenant's estate remains liable for the rent until the tenancy is ended, typically by the person representing the estate giving notice to the landlord to end the tenancy.</p>

<p><strong>Long version:</strong></p>

<p><a href="http://www.landlordlawblog.co.uk/2014/05/21/what-happens-to-a-tenancy-when-the-tenant-dies/" rel="nofollow noreferrer">This article</a> by Tessa J Shepperson on the Landlord Law Blog covers this in some detail.</p>

<p>Quoting the relevant parts:</p>

<blockquote>
  <p>First off – a tenancy does not end when the tenant dies.  What happens depends on the circumstances.</p>
</blockquote>

<p>Regarding periodic (rolling) tenancies:</p>

<blockquote>
  <p>If there is no-one eligible to succeed to the tenancy under the ‘succession’ provisions of the Rent Act 1977 or the Housing Act 1988, then the tenancy will, as with a fixed term tenancy, pass to the tenant’s Personal Representatives as part of his estate.</p>
</blockquote>

<p>Also:</p>

<blockquote>
  <p>If the tenancy is a periodic one, then the Personal Representatives will be able to serve a notice to quit on the landlord and end the tenancy that way.</p>
</blockquote>

<p>And:</p>

<blockquote>
  <p>What usually happens if that the landlord will want to take the property back and re-let it.  However he does not have the right to just do this, unless this is with agreement with the tenant’s Personal Representatives.</p>
</blockquote>
