This applies to England & Wales
The Housing Act 1988 says that a tenancy can only be brought to an end by the landlord obtaining, and enforcing, a court order or “a surrender or other action on the part of the tenant”.
Although the Housing and Planning Act includes an abandonment process it has never been brought into force. Taking possession without a possession order is not without risk, but a landlord could rely on section 1(2) of the Protection from Eviction Act. This says that if they believe, and have reasonable cause to believe a tenant has abandoned a property, it can be repossessed without a court order. This would probably be because the tenant has stopped communicating or paying rent, but they have not surrendered the tenancy or a court has not awarded the landlord possession. The danger is the tenant could return to the property and could accuse the landlord of unlawful eviction.
Steps a landlord could take:
Seek a possession order through the courts.
Write to the tenant at the property address and at any other postal address (if there is one) and via email, to confirm you wish to carry out a property visit in accordance with the tenancy agreement. If the tenant does not respond then you could go ahead with the appointment. If when you attend the property, you cannot gain access due to the locks being changed, you should write and email again to the tenant to confirm you could not access and will attend on X date with a lock smith (give details of how the tenant can obtain key for access). If you do change the locks leave a note visible as to how the tenant can obtain access (as long as the property is not on a main high street).
When carrying out a property visit you should evidence if there are any personal effects in the property; toothbrush, photos, clothes, furniture of value, perishables left, any post (is there a pile) any papers with dates. After the property visit you should then write to the tenant to confirm your findings and concerns.
If no personal effects are left at the property after the property visit has been carried out you should write to the tenant confirming your findings and concerns as well as asking the tenant to confirm they wish to surrender the tenancy.
If there are personal possessions left in the property, and the landlord wishes to remove them, the landlord should be mindful that a court may see this as the tenant demonstrating their intention to return. The landlord should handle the goods in accordance with the Torts (Interference with Goods) Act 1977.
You could speak to the neighbours to see when or if they last saw the tenant or any activity in the property as well as contact the utility companies to see if the tenant has closed their accounts. If the local authority confirm the tenant has closed their account for council tax then you could also inform them that you are intending of taking the property back. If the Local Authority are happy that the landlord is taking possession without a court order, then it is difficult to see how a prosecution would be started.
You could also contact their employer to see if they still work there. If they do you could also serve notice to them at their work place, but be careful to keep personal issues confidential.
Although not recognised as a legal notice, you could display an abandonment notice at the property (if not in a prominent High Street position) advising you believe the property to be abandoned and that if the former tenant does not respond within a reasonable timeframe then you intend to change the locks and take possession. This could also be emailed to them and delivered to the property if you are unable to display.
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