Abandonment of a tenancy

Abandonment of a tenancy

As stated in the Housing Act 1988 – a tenancy can only be brought to an end by the landlord enforcing a court order or by a surrender or similar act by the tenant.

Although the Housing and Planning Act 2016 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 1977, If they have reasonable cause to believe a tenant has abandoned a property. This may 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 tenant could return to the property and could accuse the landlord of unlawful eviction.

Steps a landlord should take: 

Serve a possession order 

Write to the tenant at the property address and at a post tenancy contact address (if there is one) and via email, to confirm you wish to carry out a property visit, if the tenant does not respond then you should go ahead with the appointment. If when you attend the property and you cannot gain access due to the locks being changed, you should write and email again to the tenant to confirm you could not have access and will attend on X date with a locksmith (give details of how the tenant can obtain a key for access). If locks are changed, leave a note visible as to how the tenant can obtain access.

When carrying out a property visit you should evidence if there are any personal effects in the property; tooth brush, photos, clothes, furniture of value, perishables left, any post (is there a pile) any papers with dates. 

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, they should be mindful that a court may see this as the tenant demonstrating their intention to return. The Torts (Interference with Goods) Act 1977 should also be complied with before removing the goods.

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 they have closed their accounts. If the local authority confirms 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 so you could also serve notice to them at their workplace but be careful  not to give away the reason you are contacting them to colleagues.

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 no response within a reasonable timeframe, then you intend to change the locks and take possession. This could also be emailed to them and posted to the address if you are unable to display.