If your tenant(s) leaves the property they are renting before the tenancy has ended and without advising you the landlord or your agent, this is known as abandonment. This is a massive problem for landlords for the following reasons: The tenant(s) still has a legal tenancy Can return and take up residence at any time […]
If your tenant(s) leaves the property they are renting before the tenancy has ended and without advising you the landlord or your agent, this is known as abandonment.
This is a massive problem for landlords for the following reasons:
Taking back an abandoned property provides many difficulties for you as a landlord. This is because if the tenancy has not been surrendered or brought to an end, the missing tenant could return and therefore start legal proceedings against you for unlawful eviction.
Walk on the side of caution…
Should you believe your tenant(s) have abandoned your property during their tenancy you as their landlord need to be very cautious as:
Unlawful eviction is:
‘Abandonment is the voluntary surrender of a legal right – a tenancy’
A tenancy can only be ended by either you the landlord obtaining a court order for possession or by a surrender or notice from your tenant to end the tenancy.
If you believe that your tenant(s) has abandoned the property, we would suggest writing to the tenant(s) giving 5 working days’ notice that you would like to carry out a property inspection and that if it is not convenient to contact you.
If you do not hear from them, visit the property on the day and time you have said and ideally with a witness.
At the inspection you will be able to see if there are any signs of the following:
These points can help to indicate the property has been abandoned. You need to gather as much evidence as possible that could be used in court should your tenant(s) return to show that you took every step to safeguard the rights of the tenant(s).
Should you still believe that the property has been abandoned and wish to take possession, you should:
The Guaranteed Safe way
The guaranteed and safest way of regaining your property back is to get a court order for possession. This is strongly advised, particularly if there are tenant(s) possessions still in the property. Do not be tempted to change the locks or remove any of the possessions.
Final thoughts…
Which ever route you decide to go down, we strongly advise seeking legal advice. Be very careful with this situation and we would love to know your thoughts on this.
If you want any advice, contact us on 01243 788257 or email lettings@pmslettings.co.uk
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