There are many issues that can crop up for landlords in the United Kingdom. One of the most frustrating and uncertain issues that landlords often tackle is tenant abandonment. This is a problem that can leave landlords in a tough situation.
As a landlord experiencing tenant abandonment, it can be difficult to know how to deal with the problem and to know what your legal rights are. An abandonment notice is the best way to deal with this situation, but it can be tough to know the ins and outs of how to serve one if you haven’t had to deal with this problem before.
With this problem in mind, we are going to be diving deeper into the issue that is tenant abandonment. We are also going to look closely at what an abandonment notice is and how landlords can serve them.
What is tenant abandonment?
Tenant abandonment refers to a situation where a tenant abandons a property without going through the proper proceedings and without informing the landlord. As you can imagine, this can lead to a multitude of issues for a landlord.
How to know the situation is tenant abandonment
It can be tricky to know whether a situation is a definitive case of tenant abandonment, as it could also be a temporary absence from the tenant. Make sure that you are completely sure that the tenant has abandoned the property before you begin to look into serving an abandonment notice.
Here are some of the most telling signs that suggest tenant abandonment:
- No communication.
- Unpaid rent that is piling up.
- Neighbour reports.
- Property in a state of disrepair.
- Lack of personal effects (though be cautious that you have the legal right to do so if entering the tenants property).
- Suggestions of inactivity, such as uncollected post and no utility usage.
Ensure that you have made every effort to contact the tenant before you begin the proceedings of an abandonment notice. Once the abandonment is completely verified, the process can begin.
What is an abandonment notice?
An abandonment notice is a legal document that can be issued by the landlord, but also by the letting agent of a property if necessary. This notice is used when a tenant has abandoned a property, as the name suggests. This kind of notice includes a deadline for the tenant to respond before proceedings to take back the property will start.
Despite being a legal document, it is important to remember that an abandonment notice will not legally end a tenancy. It also doesn’t not allow landlords to immediately take possession of the property. Instead, it offers the chance for the tenant to respond and provides a legal pathway for landlords to walk without the worry of unlawful eviction accusations.
How to serve a tenant with an abandonment notice
You now know how to verify tenant abandonment and what exactly an abandonment notice entails. Let’s now take a look at how to go about serving a tenant with one of these notices.
First, you’ll need to prepare the notice. The notice will be in writing and will need to include some important information. As well as the date that the notice is created, it will also need the address of the property, contact details for the landlord and a clear statement that explains why the property is thought to be abandoned.
A clear deadline also needs to be included, as well as the potential consequences stating what will happen if the tenant does not respond. Keep the tone impartial and factual, as anything offensive or threatening will come across as unprofessional and will negatively affect your case.
Once the notice has been written up, there are a few ways to serve it. The most common way is to affix it to the door of the property in a place that is completely visible.
You could also try to send it to the last known address for the tenant, whether it is the property itself or another address provided beforehand. If you and the tenant engage in email communication, you can also send it through email.
Dealing with tenant abandonment? Osbourne Pinner can help
It can be incredibly difficult for landlords to manoeuvre the delicate situation of tenant abandonment. If you find yourself having difficulties, the team at Osbourne Pinner can help you navigate the situation with ease and precision.
Our team of landlord and tenant solicitors have a broad range of experience that includes issues surrounding tenant abandonment and abandonment notices. We’re here to put your worries to rest with expert advice that will help you to deal with any situation, no matter how taxing it might be.
If you’d like a free consultation, simply fill in this form, call 0203 983 5080 or email us at [email protected].
