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KernowTrainee
12-10-2011, 11:43 AM
Is it still classed as 'abandonment' if the tenant leaves following Section 21 Notice being served and removing all belongings (including furniture) and leaving keys in the property but without notifying the Landlord?

tacpot
12-10-2011, 12:55 PM
Yes, you need to read the landlord zone article to know how to proceed.

http://www.landlordzone.co.uk/legal/abandonment.htm

Having issued the S21 Notice you can should continue to seek possession via court order when the notice expires. The article explains what you can do to secure the property. I would try to find the tenant, as obtaining a deed of surrender from them could be quicker than the court order.

westminster
13-10-2011, 10:56 AM
Is it still classed as 'abandonment' if the tenant leaves following Section 21 Notice being served and removing all belongings (including furniture) and leaving keys in the property but without notifying the Landlord?
The service of a s.21 notice is irrelevant.

Abandonment is not a legal term. You may be entitled to treat T vacating as an implied offer to surrender the tenancy. If that were indeed the case, then you would be entitled to accept the offer by taking possession of the property.

However, this is obviously risky, as the 'offer' may not be an offer - T may not have permanently vacated.

Read this
http://www.landlordlawblog.co.uk/2010/07/04/urban-myth-–-you-don’t-need-to-get-a-possession-order-if-you-use-an-abandonment-notice/ (http://www.landlordlawblog.co.uk/2010/07/04/urban-myth-%E2%80%93-you-don%E2%80%99t-need-to-get-a-possession-order-if-you-use-an-abandonment-notice/)

KernowTrainee
22-11-2011, 10:36 AM
Thank you for the advice