Quote: "If you must play, decide on three things at the start: the rules of he game, the stakes, and the quitting time" American Proverb
Legally, abandonment is the voluntary surrender of a legal right, for example, an interest in land or property - a tenancy.
Tenants sometimes leave their accommodation unoccupied for long periods. Alternatively they may leave entirely, or only appear to have left early before the end of their tenancy term (term certain), usually 6 or 12 months in the case of an Assured Shorthold Tenancy.
This action may be in breach of the tenancy agreement as these usually state that the property must not be left unoccupied in excess of two-weeks without informing the landlord.
This situation puts the landlord in a difficult position for several reasons:
An important point is, is the rent still being paid? Even so, the tenant still has her rights, even if the rent has not been paid, and there are very severe penalties for any landlord who can be shown to have illegally evicted a tenant.
Have you asked the neighbours? - get witness statements if you can.
There may be perfectly logical explanations for why a tenant appears to abandon, though not for why they don't inform their landlord, but in these circumstances the tenant has a right to return - he still has a tenancy:
Not only is illegal eviction a criminal offence, the landlord can find herself at the receiving end of a claim for civil damages.
A landlord or agent in this position has some difficult decisions to make:
1. What legal right has the landlord or agent got to re-enter the property?
2. If it is very obvious that the tenant has left for good, can the property be re-let?
3. What should happen to any of the tenant's possessions which may have been left behind?
4. What would be the consequences if the property is re-let and the tenant returns?
There's only one guaranteed safe way to deal with this - get a court possession order before taking over the proeprty. This is advisable especially if all the tenant's possessions are still in the property.
Never be tempted to change the locks and remove tenants' possessions in such circumstances. If you have handled the tenancy application correctly you should always have sufficient information to contact the tenant or a relative.
You need the agreement of the tenant that she has actually abandoned her tenancy rights, preferably in writing in the form of a notice to quit. You also need the return of the keys - this is an important point as returning the keys is a clear indication of the tenant's intent.
If the tenant appears to have abandoned the property, but you have no written confirmation, important points are:
If the above points indicate abandonment and the property has been left in an insecure state, or you suspect internal appliances could present a danger to the property and/or neighbours, then, and only then, may you have a case for entering the premises and possibly fitting a secure lock.
In this case:
Taking these precautions may enable you to re-let quickly (seeking a possession order can be a lengthy process), but if in doubt seek expert advice on the specific case locally, and seek the assistance of independent witnesses.
If the tenant does appear to have abandoned the property but other evidence introduces doubt, or you cannot confirm this, you should obtain a court possession order before taking over the property or re-letting.
