As a landlord or letting agent, what do you do if your tenant disappears? Tenant abandonments can cause a lot of hassle and complications for those managing the property, so if it happens to you, it’s best to be prepared.
If a tenant is expected of abandoning, the landlord or letting agent will need to place a notice of abandonment at the rental property. We explain what this means, the responsibilities involved and how we can help with our abandonment notice service.
Tenant abandonment is the term given for when a tenant leaves your property before the end of the tenancy agreement without notifying you (the landlord or letting agent).
In the case of abandonment, whoever is managing the property needs to ensure the tenant has permanently vacated the property before they can rent it out again.
Rent will still be owed until the end of the tenancy or until the property is let out again.
If your tenant abandons the rental property, this can cause several problems;
If you believe your tenant has left the property before the end of the tenancy, you need to place an abandonment notice.
An abandonment notice is a written statement that must be displayed in a prominent, accessible position on the property informing the tenant that the locks have been changed and where to find a replacement key if they wish to return.
It should give the tenant a limited time to get in contact and request a new set of keys.
By completing an abandonment notice, you are protecting yourself from being accused of unlawfully evicting the tenant.
Tenants are obligated to inform their letting agent or landlord if they plan to leave their rented property for more than two weeks. The tenancy agreement should include this clause as a form of protection for residential landlords.
Landlords and property professionals need to act cautiously, as under the Protection from Eviction Act 1977, the tenant is entitled to return to the property within the tenancy period. If the tenant decides to return and the property has been let to someone else, this could constitute a criminal offence on the part of the landlord.
Without obtaining a lengthy and expensive court possession order, the tenant is still legally the occupant- even if they are in rent arrears.
This means you need to be certain that the tenant has permanently vacated and surrendered the property before re-letting or entering the property.
In order to ensure you are not making an unlawful eviction, if your tenant appears to abandon the property there are steps that must be taken;
Before letting the property to someone else or changing the locks you must first ensure the tenant has surrendered the property.
Firstly, try to contact the tenant to establish whether they are surrendering the tenancy. If you can get written confirmation from the tenant and they return the keys, you are safe to go ahead and re-let the property.
If you cannot get a hold of the tenant check if;
If you can ensure that your property has been abandoned, and your tenant is in rent arrears you are now able to take back possession of your property under the Housing and planning Act 2016.
In this case, you can place a written warning at the property requesting rent repayments. If the first warning is ignored, a second warning notice is required. If the tenant still fails to respond, a third and final notice must be displayed. If this is also ignored, the landlord can take repossession of the property.
If you believe your tenant has abandoned, you can only enter the property if;
That’s where we come in. Our clerks can act as independent witnesses and help with the abandonment notice process, informing the tenant the locks have been changed.
There are certain elements an abandonment notice should include;
In the event that either a landlord or letting agent places an Abandonment Notice up at a property, it is vital that someone attends the property on a regular basis (ideally every 3-4 days) to ensure the notice is still in place. We offer an abandonment notice service whereby we will visit the property as instructed to ensure the notice has not been removed or displaced and to report on the security of the property.
No Letting Go are dedicated to providing professional and unbiased property inventory services from the start of tenancy to the end. From appraisals and right to rent checks, to property inspections and maintenance reports – we’re here to help you protect your investment.
Discover how we could help by browsing our full list of property inventory services.
Is your tenant coming to the end of their tenancy agreement? If so, you might want to start thinking about providing them with some essential information regarding their check-out process. Investing in a professional pre-check out service can benefit both landlord and tenant. From ensuring smoother transitions, to minimising the amount of maintenance needed, we [...]READ MORE
Finding a reliable removal company can be a challenge, and tenants often turn to their landlord or letting agent for advice at the end of a tenancy. Providing quality recommendations for trusted tradespeople and services builds trust with tenants and means they’re more likely to pass on your details to friends and family. In order [...]READ MORE
What if your tenant moves out without paying their utility bills or council tax? Does it fall on you as the landlord to pick up the pieces? This is a common question among both landlords and tenants, and it needs clearing up. So, who is responsible for unpaid utility bills? Let’s find out. Are [...]READ MORE