Q12. If the tenant has passed away in the fire, do family members need to formally terminate the tenancy agreement, or does it end automatically?

Q12. If the tenant has passed away in the fire, do family members need to formally terminate the tenancy agreement, or does it end automatically?

In summary, subject to the terms of the tenancy agreement, family members should not assume that they automatically become the tenant, nor that the tenancy ends automatically the moment the tenant dies.  The safest practical approach is to check the tenancy agreement and deal with the matter through the deceased tenant’s estate or personal representative, unless a special statutory succession rule applies.

Generally speaking, there is normally no automatic right of succession of tenancy by family members.  In everyday language, that means a spouse, child, or other relative does not usually automatically become the new tenant just because they are a family member. 

There is, however, an important statutory exception for regulated tenancies for subdivided units. Section 120AAZB of the Landlord and Tenant (Consolidation) Ordinance (Cap. 7) provides that when a tenant of a regulated subdivided unit passes away during the tenancy, their tenancy rights and protections automatically pass to a family member who was living in the unit at the time of death — provided that only one family member may hold those rights at any one time. If multiple family members were residing there and cannot agree on who should take over, the matter must be referred to the Lands Tribunal for a fair and just determination. 

For an ordinary private residential tenancy, family members may consider handling the tenancy through the estate if necessary.