What Happens When a Tenant Goes to Prison?

If a tenant is sentenced to prison, it can raise several legal and practical questions for the landlord, and landlords in England have specific rights and responsibilities in such situations.

Possession

The first question that often arises is whether a landlord has the right to terminate the tenancy when a tenant goes to prison. However a tenant’s imprisonment does not automatically end their tenancy.

The tenant remains legally responsible for paying rent until the tenancy agreement expires or is formally terminated. So if a tenant wants to keep their home while in prison, then they must ensure:

• the rent is paid
• the property is looked after
• the tenant intends to return on their release from prison

Tenants in this situation may struggle to meet these financial commitments, which can lead to arrears and as a result, the landlord is likely to bring proceedings for possession with the county court.

Abandonment

If the tenant is imprisoned, has not paid rent, nor communicated with the landlord, it may appear to the landlord that the property has been abandoned and the landlord may seek to change the locks. However a tenant serving time in prison remains a tenant entitled to take up occupation of the property at the end of their incarceration, unless they have agreed to surrender the tenancy with the landlord, or the landlord has lawfully obtained possession of the property. It is advisable for the landlord therefore to seek to obtain lawful possession to protect against a possible claim for illegal eviction.

Other Practical Issues

Subletting and Assignment - If a tenant is imprisoned and unable to occupy the property, they may be tempted to sublet or assign their tenancy to another individual. However, most tenancy agreements require the landlord’s written consent for such arrangements. If the property is unlawfully sublet without the landlord’s consent, this could raise practical issues for the landlord when seeking possession.

Tenant’s Possessions - While the tenant is in prison, their possessions should remain in the rental property and the landlord must not remove or dispose of the tenant’s belongings. The tenancy agreement may set out what happens to the tenant’s possessions in circumstances such as these, failing which, it is likely that the landlord will become an ‘involuntary bailee’ of the possessions and needs to ensure compliance with the Torts (Interference with Goods) Act 1977.

For advice on tenancies and tenancy evictions please contact Oliver Kew at o.kew@hewetts.co.uk

Published on 17/09/2025