Death of a sole tenant

On the death of a sole tenant under a tenancy agreement (fixed-term or periodic tenancy), the tenancy agreement terminates at the earliest of the following dates:

• 21 days after the landlord is given written notice from the tenant's next of kin of the tenant's death
• 21 days after the landlord gives the next of kin written notice to vacate the premises that is subject to the tenancy agreement
• a date agreed in writing by the landlord with the next of kin
• the date determined as the termination date by the Tenancy Tribunal

MSD must have confirmation from the social housing provider before MSD can stop paying the Income Related Rent subsidy or calculating the rate of Income Related Rent. For more information about the impact on Income Related Rent see:

• Income Related Rent reviews Death of a client

No other party (family member or additional occupant) has ongoing rights to remain in the property after the tenant's death. This includes the partner of the tenant when they are not a signatory to the tenancy agreement.

The remaining occupants may be contacted by the social housing provider about:

• vacating the premises or
• if they are living in a community housing provider property, taking on the tenancy without an Income Related Rent

The next of kin or any other additional occupant may want to test their own eligibility for social housing. In these situations an eligibility assessment for social housing may be undertaken.

Note the next of kin or additional occupant may not be allocated the existing social house that they are occupying at the time, even if they qualify for social housing in their own right.

If the next of kin or additional occupant is assessed as at risk (priority A) or as having a serious housing need (priority B) they are eligible for social housing and can be placed on the register.

Kāinga Ora or a community housing provider will make an offer to the client when they are matched with a suitable property.

When a client is assessed as having a moderate (priority C) or low risk (priority D) housing need, you will need to advise them that they are not eligible for social housing.

Do not place them on the register. These clients may be eligible for other assistance through options and advice.