Notice of Abandonment when Tenant left Property
What is tenant abandonment?
Tenant abandonment is when a tenant leaves a property without notice and doesn't intend to come back. This can be a big problem for landlords because it can leave the property in disrepair and cause lost rent.
There are a few ways that you can tell if your tenant has abandoned the property. If you haven't heard from them in a while, if they stop paying rent, or if the property is left in disrepair, these may be signs that the tenant has abandoned the property.
If you think your tenant has abandoned the property, you should send them a notice of abandonment. This notice will let them know that you think they have abandoned the property and give them a chance to come back and fix the situation.
If the tenant doesn't come back and fix the situation, then you can start the process of evicting them. This process can be long and expensive, so it's important to make sure that the tenant has actually abandoned the property before you start.
If you believe your property has been abandoned by the tenants, it can cause several problems, for example:
- Your tenant's whereabouts and future plans become unknown;
- You stop receiving rental income until the tenant is found or you can lease the property again;
- The security of an empty building becomes a concern;
- It could affect your landlord insurance policy and restrict coverage.
Why does tenant Abandonment happen?
There are many reasons why tenant abandonment can occur, such as a decision to move without informing the landlord or continuing to honour the terms of the tenancy agreement. If all possessions have been removed from the property, it's likely that the tenant does not intend to return. If there is a history of previous problems, this might be another indication of what has happened.
You can download a Notice of Abandonment here
The tenant's absence could be due to less benign reasons on other occasions, and they might not have actually abandoned the property. For instance, they may have gone traveling without informing you in advance. Maybe there was an accident, and now they're recuperating in the hospital. Or potentially, there was a family emergency that took priority over letting you know what happened.
If your tenant appears to have abandoned their property, you should make enquiries with family, friends or even the authorities to try and establish what has happened. This could be especially relevant if the tenant was vulnerable, as they may be in trouble and need help.
It’s important to remember that even if they’ve been convicted of a crime and are serving time in jail, they remain tenants. This remains the case regardless of whether or not they’ve been paying the rent.
What can sometimes appear to be abandonment might not actually be abandonment. That’s why you need to make sure you carry out a thorough process before issuing a notice of abandonment.
How can I prevent tenant abandonment?
The best way to prevent tenant abandonment is to screen your tenants carefully. You should do a background check and make sure that they have good credit. You should also require a security deposit so that you have some financial protection if the tenant does abandon the property.
What should I do if my tenant abandons the property?
If your tenant abandons the property, you should send them a notice of abandonment. This notice will let them know that you think they have abandoned the property and give them a chance to come back and fix the situation.
If the tenant doesn't come back and fix the situation, then you can start the process of evicting them. This process can be long and expensive, so it's important to make sure that the tenant has actually abandoned the property before you start.
You should also consider changing the locks on the property so that the tenant can't get back in. This will help to protect your property from damage or theft.
The process of issuing notices of abandonment is laid out in the Housing and Planning Act 2016.
What are a landlord’s responsibilities when a tenant abandons a porperty?
A landlord has certain responsibilities when a tenant abandons a property. For example, the landlord must make sure that the property is secure and that the tenant's belongings are safe. The landlord should also try to contact the tenant to find out their plans.I
f the tenant does not respond to the landlord's attempts to contact them, the landlord can assume that the tenant has abandoned the property. At this point, the landlord can start the process of evicting the tenant.
The eviction process can be long and expensive, so it's important to make sure that the tenant has actually abandoned the property before you start. You should also consider changing the locks on the property so that the tenant can't get back in.
What should you do with a tenant's abandoned belongings?
According to the Torts (Interference with Goods) Act 1977, if you are a landlord and your tenant leaves behind belongings, you should take steps to ensure they retrieve their things once you have regained control of the property. If you know where the tenant is, make an effort to contact them and arrange for pick-up. If that's not possible, try to get written confirmation from the tenant authorizing disposal or sale of unclaimed goods.
There are three options you can take once you have the belongings in your possession: giving them to the tenant, leaving them at their current address or sending them to their last known address. If, after reasonable efforts, you cannot find the tenant, then your responsibility for their items ends.
Sensible precautions should always be taken, so make sure to keep a close and documented accounted of all your actions, just in case. In situations where it would be prudent, ask a third party to create an inventory before disposing of the items in question.
You can download a Notice of Abandonment here
If you choose to move your belongings from the property, you must inform the tenant of their new location.