Notice of Abandonment Guidance & Letter

What if residents just leave?

Walking away or posting the keys through the letterbox is called 'abandonment' and will not end a tenancy or licence agreement (henceforth both referred to as the ‘agreement’). The agreement will continue even though the residents have left and the landlord has the right to continue to charge rent. 

A landlord can apply for a court order to make residents pay what is owed. It should be noted that if the property has since been let out rent can only be claimed for the period of time before a new resident has moved in. The period of time that rent can be charged after a resident leaves depends on the type of agreement.

Fixed tenancy or licence

In a fixed term agreement rent can continue to be charged up until when the term ends.

Periodic tenancy or licence

If the agreement is periodic, rent can be charged up until the time when the agreement would have ended had the resident given the agreed period of notice.

What is abandonment?

If the agreement has not been legally ended or surrendered, but the resident appears to have left the property during the agreement, then this is known as abandonment.

Residents sometimes choose to leave a property for long periods of time, but if they are planning to be away from the property for more than two weeks they are required to inform the landlord. This is often stated in the agreement, so the resident would be breaking the terms of the agreement, if they failed to inform the landlord they were going to be away from the property.

A landlord must be sure that the resident has surrendered the agreement by abandonment, before re-letting the property or changing the locks. The best way to be sure of this is by contacting the resident and ensuring they confirm they are abandoning the agreement by a written notice to quit. Returning the keys is a clear indication from the resident that they are agreeing to surrender the agreement. If a resident has not ended the agreement, the landlord is responsible to ensure their belongings are looked after if they have been left in the property.

If the landlord is unsure as to whether the resident is living in the property or not, it is best to end the agreement by applying for a possession order, rather than run the risk of having unlawful eviction proceedings put forward. A resident may return and press charges of illegal eviction under the Protection from Eviction Act 1977. If the landlord has re-let or repossessed the property they also run the risk of being charged with breaching the terms of the agreement. The safest option, for landlords when abandonment seems to have occurred is to get a possession order from the courts, especially if a resident has left their belongings or furniture in the property.

A landlord must make the necessary checks to confirm that the resident has abandoned the agreement. It could be that a resident is on a long holiday, is in hospital or undergoing a short prison sentence.

In order to gain evidence as to whether or not abandonment has occurred the landlord can make enquiries by:

• Speaking to the neighbours.
• Checking to see if the keys have been returned.
• Finding out if the rent is still being paid.
• Contacting a relative for information on the resident’s whereabouts.
• Finding out if belongings or furniture have been removed from the property.  

If after trying to gather information on the residents whereabouts and whether or not abandonment has occurred, it appears the property has been abandoned then the landlord is only able to enter the property under certain circumstances. If the landlord feels that the property is in an insecure condition, or that electrical or gas appliances could cause damage or danger to the property then they may have a case for entering the property. If this is the case, it is advisable to have an independent witness who is happy to confirm the condition of the property and the situation in writing. The landlord is also required to place a notice on the door of the property if the locks have been changed (for security reasons) advising the resident where they can contact the landlord to gain a new key to the property.

Illegally evicting a resident is a criminal offence, so landlords need to be careful before repossessing or re-letting a property and take the necessary precautions.

Notice of Abandonment

If a landlord is almost sure abandonment has taken place, then they are advised to place a notice on the door of the property informing the resident of their intention to regain possession of the property.

The notice should include the following information:

• A statement from the landlord of the belief that the property has been abandoned and the relevant dates.
• The landlord’s contact details and full name.
• The resident’s name and address of the property.
• A statement asking any persons who know of the resident or the resident’s whereabouts to inform the landlord.
• A date whereby if the resident has not made contact with the landlord then it will be presumed that the agreement has been surrendered
• A statement which recommends that the resident seeks legal advice in relation to their agreement.  

If the landlord puts up the notice with a witness present (which is recommended) then the witness’s name should also be recorded on the notice.

A landlord may also decide to take photographs of the notice as proof that the resident has been informed of the intention to regain possession of the property.

Template Notice of Abandonment

Name of Landlord

Address

Tel Number

E-mail

Date:  2^nd April 2009

NOTICE OF ABANDONMENT  

Resident Name

Room number

Full address  

Dear  

We have tried to make contact with you for ….. days.  

If we do not hear from you within the next 28 days we will assume you are not returning to the premises and we will reclaim the premises for a new resident.

Enter Name of landlord  

Signed by

Name of Individual who signed letter