Renting out a property can be a smooth and profitable experience – until a tenant seemingly vanishes into thin air.
If a tenant stops paying rent and disappears without notice, you may suspect they have abandoned the property. However, landlords must tread carefully in these situations to avoid legal pitfalls.
This guide will explain how to serve an abandonment notice properly, ensuring you follow legal procedures while protecting your property.
What is an abandonment notice?
An abandonment notice is a formal document that a landlord serves when they believe a tenant has left the property without intention to return. This notice is like an eviction notice but establishes whether the tenant abandoned the premises.
Can you enter the abandoned property?
If you suspect your property has been abandoned, you should request an inspection of the property. It would be more beneficial to do this in person – so you can see for yourself if someone’s there – or you can do it via post or email. If you have not had a response in a significant amount of time, you can access the property.
We recommend bringing someone to witness you entering the property without a response. You can then take photos of the inventory of any contents and see if furniture has been removed from the property.
A landlord can act if they believe the tenant has left the property. However, a court order is required to gain possession.
Signs that a tenant has abandoned the property
It is essential to understand if the tenant has left the property permanently. Before issuing an abandonment notice, you should look for signs suggesting the tenant will not return to the property.
- Unpaid rent – A sudden halt in rent payments without explanation.
- Uncollected mail – A buildup of letters, packages, or notices at the property.
- Utility disconnections – Water, electricity, or gas services being shut off.
- Neighbour’s confirmation – Neighbours may report that the tenant hasn’t been seen in a long time.
- No response to contact attempts – Calls, emails, and messages go unanswered for a long time
- Furniture and belongings are gone – A mostly empty unit with only a few leftover items.
Step-by-step guide to serving an abandonment notice
Before assuming abandonment, make reasonable efforts to reach the tenant. Call, email or send a formal letter requesting confirmation of their tenancy status. If possible, check the emergency contacts listed on their lease or if there are any other addresses you could use to contact the tenant. Although not a legal requirement, you can use social media to get in touch.
It is also helpful to gather evidence. Document everything that suggests the property is abandoned. Take photographs of uncollected mail, record dates of missed rent payments, and keep notes of any conversations with neighbours or property managers.
Once you have gathered all the necessary information, you can draft the abandonment notice. The notice should include:
- The property address
- The tenant’s name
- The reason for suspicion of abandonment (such as unpaid rent or no response to communication)
- A deadline of at least eight weeks from when the first notice has been served to the tenant
- Provide your contact details so the tenant can reach you
- A statement clarifying that if the tenant does not respond, the landlord may take possession of the property
A landlord must not send the tenant a second notice until at least two weeks after the first initial notice has been given. As for the third notice? Landlords must give the tenant a third notice at least five days before the official deadline. The notice must be left in a visible part of the property so the tenant can not claim to have seen it. You could take a photo of the notice and its location.
If the tenant still hasn’t responded after eight weeks, you must serve a final notice. Within this notice, you must state that the tenancy is being ended, and this is the final notice of termination. Although it’s quite a lengthy process, the procedure must be followed before regaining possession of the property.
What if the tenant returns?
In rare cases, a tenant might return after an abandonment notice has been acted upon. If this happens, ensure you have followed all legal steps properly. If you’ve taken possession unlawfully, you could face legal repercussions for an illegal eviction.
Expert help with your abandonment notice
Sometimes, it can be hard to cover all bases, especially if it’s a lengthy procedure like serving an abandonment notice. Osbourne Pinner’s landlord and tenant specialists can help.
With a wealth of experience in abandonment notices and other eviction procedures, we can ensure you follow the correct steps to reclaim your property or resolve any other issues. Contact us on 020 3983 5080, email [email protected] or use our form to get started.
