Finding out your tenant has moved out without telling you can be a huge shock. Whether you’ve just discovered an empty property or rent payments have suddenly stopped, it’s natural to feel uncertain about your next steps. Can you reclaim possession immediately? What if belongings are still there? Are you allowed to change the locks?
In this guide, we explain what to do if your tenant moves out without notice, what your legal responsibilities are and how to protect yourself from claims of unlawful eviction – along with how to arrange a free 30-minute consultation with a solicitor for expert support.
Is moving out without notice classed as abandonment?
If your tenant leaves without ending the tenancy properly – for example, without giving the required notice or returning the keys – this may be considered abandonment. However, under UK law, you can’t assume this automatically. Even if the tenant is gone, the tenancy doesn’t legally end until:
- The tenant gives valid notice and you accept it
- You both agree to surrender the tenancy
- A court grants you possession
If you take back the property without one of these in place, you risk breaching the law.
Warning: Unlawful eviction is a serious offence
If you enter the property, remove belongings, or change the locks without following the correct process, you could face a claim for unlawful eviction. This applies even if the tenant owes rent, has vanished without warning, or left the place in poor condition.
That’s why it’s vital to follow the right steps and gather evidence before making any decisions about repossession.
What to do if your tenant has disappeared
- Try to contact the tenant – Call, email and write to the tenant asking them to confirm their intentions. If they respond and agree to surrender the tenancy, you can accept this in writing and legally end the agreement.
- Visit the property – If you suspect abandonment, you can visit the property (giving at least 24 hours’ notice unless there’s an emergency). Look for signs of occupation: are personal items still there? Are the utilities still on?
- Speak to neighbours – They may be able to tell you when the tenant was last seen or whether they mentioned leaving permanently.
- Serve an abandonment notice – If you’re unable to contact the tenant and believe they’ve left permanently, you may wish to post an abandonment notice on the property asking them to make contact by a certain date. This isn’t legally binding but it shows you acted responsibly.
- Keep records of everything – Save all correspondence, take photos of the property (e.g. notice on the door, inside condition if accessed) and keep a timeline of events. This can be vital evidence if there’s a dispute later.
What if they’ve left belongings behind?
Even if the property is clearly empty, you have a legal obligation under the Torts (Interference with Goods) Act 1977 to store any belongings left behind for a reasonable period and make efforts to contact the tenant. You must not sell, throw away or donate the tenant’s possessions without giving them the opportunity to collect them.
Can I change the locks if I’m sure they’ve left?
Changing the locks should always be treated with caution. Even if it looks like the tenant has abandoned the property, it’s safer to go through the legal process unless:
- The tenant has agreed in writing to surrender the tenancy
- You’ve obtained a possession order from the court
Otherwise, changing the locks can be challenged and may result in financial penalties or criminal liability.
Should I apply to the court for possession?
If you’re unsure or want to protect yourself legally, the best course of action is to apply to the court for a possession order. This gives you formal permission to take back the property and ends the tenancy in the eyes of the law. It may take a few weeks but it’s a safer route – especially if rent arrears are involved.
What if rent is still owed?
Just because a tenant has left doesn’t mean they’re no longer responsible for paying rent. Until the tenancy officially ends, they remain liable for rent and bills. You can:
- Attempt to recover rent through communication and negotiation
- Use a guarantor, if one was named
- Take legal action in the small claims court, if appropriate
In some cases, unpaid rent can also be claimed as part of court proceedings to regain possession.
How to prevent this in future
While some tenant issues are unpredictable, you can reduce the risk of tenants leaving without notice by:
- Using thorough referencing checks before signing the agreement
- Maintaining regular contact with tenants during the tenancy
- Conducting routine inspections with proper notice
- Clearly explaining notice requirements when the tenancy begins
Having a strong tenancy agreement and responsive management approach can help avoid misunderstandings and reduce risk.
Need help getting your property back? Speak to an expert
When a tenant leaves without warning, it’s easy to panic – but acting too quickly could land you in legal trouble. Whether you need advice on abandonment, serving notice or applying to court, we’re here to help at Osbourne Pinner Solicitors.
Book your free 30-minute consultation with our team of landlord & tenant solicitors today. Call 0203 983 5080, email [email protected]or use the form below. We offer appointments via video call or in person at our offices in London (Harrow, Canary Wharf or Piccadilly Circus) or Manchester City Centre
