Abandonment

In the context of today’s Blog, abandonment is when a tenant leaves a property without notifying their landlord before the end of a tenancy. The broader legal meaning of 'abandonment' is the voluntary surrender of a legal right, so in the case of a tenancy, the tenant would be abandoning their legal possession of the property.

How would a landlord know their property has been abandoned?

Tenants sometimes leave their accommodation unoccupied for long periods.  Reasons can include extended holidays, hospital visits or even prison sentences.   But they can also leave entirely, and before the end of their fixed term date, in cases of an Assured Shorthold Tenancy.

Abandoned properties for landlords can be problematic

The abandonment issue can be very complex and hard to navigate for landlords, particularly with the changes proposed by the Renters' Rights Bill (RRB) and the abolition of Section 21 notices.  Following the changes the landlord would have to serve a Section 8 notice, quoting one or more grounds for possession.   This ground would need to be related to breaking the terms of the agreement as the tenant has left the property for an extended period of time.  Otherwise, an alternative to this would be difficult to find.

We have a section in our members area of the ELA website on the subject of Abandonment, as it currently stands, and the process which can be taken in cases where you find you need to implement this, but below are some brief notes of caution as reminders:

• The tenant is legally entitled to return and take up residency again

• Landlords have the responsibility to tenants to safeguard any belongings left in the property

• If the landlord takes over the property or re-lets and the tenant returns, claims can be made against the landlord for an unlawful eviction

• Abandonment may be in breach of the tenancy agreement because they often state the property shouldn’t be left unattended for more than 2 weeks without informing the landlord

• Carefully check insurance policies to ensure the conditions around un-occupation

• Potential vandal intrusion or vulnerability to occupation by squatters

  
  

What should landlords do?

Landlords do still have rights and are able to reclaim their property although they can become protracted.  It is worthwhile ensuring your Tenancy Agreements have appropriate clauses within them to protect your interests around any potential abandonment and clear definitions to state what will happen in such cases, particularly with regards disposal of contents etc.

The first idea is to inspect! You must provide the 24 hour notice in the usual way.  At your inspections you can:

• check on the rubbish situation – has it mounted up and not been cleared

• read the meters; reading twice, a week apart, can identify if their has been usage of the property

• look through the windows to assess any identification of activity

• your inspections would be centred around express concerns for the wellbeing or safety of the tenants also and if you are able to gain access you would be allowed to pick the post up (not to be opened) and may be able to make fair assessments if mail indicates that they are final notices for example

• landlords cannot assume that items left at the property indicate conclusively that they have or have not vacated permanently, as lots of things are ‘abandoned’ in today’s society, but often a good barometer can be identifying if personal effects are still within the property, i.e. personal photos, hygiene items etc

• as mentioned, visiting the property a week apart is also a good idea to look for changes in movement and can be very indicative that the tenant probably has abandoned the property

• it is helpful to get witness statements if you can, speak to neighbours or others that may be able to provide insight into the happenings  or whereabouts of the tenants

• check, and be clear, on the legal grounds you can explore for reclaiming the property

• do not be tempted to simply change the locks, as easy as this may seem in theory

Reclaiming keys is ideal for clear intent

It seems unlikely but if you are able, try to get the agreement from the tenant they have abandoned their tenancy rights, preferably in the form of a notice to quit.  Being able to reclaim the keys can be the clear indication of the tenants intent to leave the property permanently.

Currently (pre RRB) the safest route and guaranteed way to reclaim possession is to get a court possession order via Section 21 route.  This is particularly advantageous if the tenant has possessions in the property as mitigates ambiguity or potential legal claims in the future.

Further help can be found in the membership area of the website or call the ELA office to speak to the team.