How long is a typical care home notice period?

Most care home contracts specify a notice period of 2–4 weeks. However, the CMA has stated that imposing a long notice period after death — particularly when the room is no longer in use — may be an unfair term under the Consumer Rights Act 2015.

Do fees stop when the room is cleared?

It depends on the contract. Some clearly state that fees stop on the date the room is vacated; others run for the full notice period regardless. CMA guidance suggests fees should not continue once the room can be re-let. Check your contract carefully.

Can I challenge care home fees I think are unfair?

Yes. Request a written breakdown citing the contractual basis for each charge. If the home cannot point to a clear, fair clause that justifies the amount, you can dispute it under the Consumer Rights Act 2015. Many disputes are resolved with a single solicitor's letter.

What if I signed as a guarantor on the care home contract?

Signing as guarantor makes you personally liable for any unpaid fees. However, you can still challenge unfair terms — being a guarantor does not waive your right to dispute charges that exceed what the contract fairly permits. Take legal advice before paying disputed amounts.

Can the care home take legal action if we refuse to pay?

They can in theory — but they rarely do for amounts under a few thousand pounds, and they will need to justify every charge under consumer law. Most disputes settle once a solicitor explains why the contested fees are not enforceable. Don't be intimidated by debt collection letters.

Care home fees after death — what your family is legally required to pay

When a care home resident dies, many families are shocked to receive an invoice for fees covering days or weeks after the death. Whether these charges are legally enforceable depends on what the care home contract says, how much notice is required, and whether the room was cleared within the notice period. You are not automatically obliged to pay everything demanded.

Last reviewed: 1 March 2025·Reviewed by: CareGuide UK Editorial Team, reviewed by an SRA-regulated care solicitor

What care homes can legally charge after a death

The care home contract governs what fees are owed after death. Most contracts include a notice period — typically two to four weeks — during which fees continue even after the resident has died. Whether that is enforceable depends on how clearly it was set out in the original contract and whether the term meets consumer fairness requirements.

What the contract must say for fees to be enforceable

For post-death fees to be legally valid, the contract must have clearly stated the notice period and the continuing fee obligation at the time of signing. Contracts that bury this clause in small print, that were not explained at signing, or that leave the duration vague may be challengeable under the Consumer Rights Act 2015 and CMA guidance.

What families are NOT required to pay

Fees beyond the contractual notice period
Fees charged after the room has been cleared and keys returned
Additional charges not specified in the original contract
Any amount where the contract term is deemed unfair under consumer law

The room clearance problem

Many families clear the room within days of the death but the care home continues charging for the full notice period regardless. Whether this is valid depends on the contract — some contracts stop fees when the room is cleared, others run the full notice period regardless. Check the contract first, then consider whether the clause meets consumer fairness rules.

What to do if you believe the charges are unfair

Request a written breakdown of all charges with the contractual basis for each.
Compare against the signed contract — check the notice period clause and the death-of-resident clause.
Write formally disputing any charges that exceed the contract terms. Reference the Consumer Rights Act 2015 and CMA guidance.
If the home persists, seek advice from a solicitor or Citizens Advice.
Report unfair practices to the CQC and the local authority's commissioning team.

When to get legal advice

If the amount is significant, the contract terms are disputed, or the home is threatening legal action, a solicitor's letter is often enough to resolve the dispute without going to court. Many specialist care solicitors will review a care home contract for a fixed fee.

Frequently asked questions

Yes — but only within the limits set by the contract and consumer law. The Competition and Markets Authority's care home guidance suggests fees should typically end within a few days of death (or shortly after the room is cleared). Charging the full notice period regardless of when the room is cleared is often an unfair contract term.