What is Property Abandonment?

Property or tenant abandonment refers to when a tenant leaves the property with no intention of returning before the contracted term ends, without informing the landlord or letting agent

What are the Signs of Tenant Abandonment?

  • Property abandonment isn’t always easy to define and a tenant’s prolonged absence doesn’t necessarily mean they have abandoned the property
  • There may be valid reasons for their absence, even if they haven’t informed the landlord or letting agent
  • Most tenancy agreements specify how long a property can be left unoccupied without notifying the landlord or agent – exceeding this period may breach the agreement

Here are some tell-tale signs of tenant abandonment:

  • The tenant has been in rent arrears for some time
  • There is unopened mail piling up behind the front door
  • Keys have been left inside the property (often dropped back through the letterbox)
  • The tenant’s belongings have been removed from the property
  • The property has appeared unoccupied for an extended period of time

Why Do Tenants Abandon a Property?

A tenant may abandon a property if:

  • They are struggling financially or fallen into debt due to mitigating circumstances (e.g. losing their job)
  • They have had an accident or been hospitalised
  • They have been imprisoned
  • They have lost their job and had to relocate
  • A change in circumstances of family members, meaning a need for the tenant to relocate

Click here to find out how to secure a good tenant!

Why Do Abandoned Properties Put Landlords at Risk?

Tenant abandonment can pose several problems for landlords, including:

⚖ Legal uncertainty – the landlord must obtain a possession order and follow the correct legal processes, which can delay re-letting

💰 Loss of rental income – rent arrears often build up and the property sits empty without generating income

🏠 Property damage – unoccupied properties can suffer from neglect and security issues

👜 Handling discarded possessions – landlords are obligated to store belongings that have been left behind for a reasonable time, which can be inconvenient and costly

📃 Insurance implications – many landlord insurance policies have clauses regarding vacant properties, with higher insurance premiums if the property goes unoccupied and potentially invalidating coverage if unreported

⏰ Re-letting delays – time spent confirming abandonment and regaining possession can be costly and significantly delay the next tenancy

How Should Landlords Approach an Abandoned Property?

Under The Protection from Eviction Act 1977, landlords can face prosecution if their tenant claims they have been unlawfully evicted. The following steps will outline a comprehensive process in order to avoid this:

1. Issue the Initial Warning Notice

    • Clearly display a written notice inside the property stating you believe the property has been abandoned and your intention to change the locks and regain possession
    • Send a copy of the notice to any alternative addresses previously provided by the tenant
    • Include the date the notice was issued, the date you believe the abandonment occurred, and when you intend to change the locks
    • Provide clear contact details so the tenant can get in touch
    • Make sure to take photos or videos of the notice being issued should you need evidence

Tip – there is no legal timeframe for how long you should wait for the current tenant to contact you following the initial notice, but acting with caution is advised in case the tenant returns unexpectedly!

2. Issue the Second Warning Notice

    • If there has been no response to the initial warning notice, issue a second notice, (provided the unpaid rent condition has been met) at least 2 weeks, but no longer than 4 weeks, following the first notice
    • Repeat the same details as the initial notice
    • Clearly state you have received no response from the tenant

3. Issue the Third Warning Notice

    • If there’s still no response, leave a third notice on the property exterior
    • Issue this notice no earlier than 8 weeks after the first notice, and within 5 days of the response deadline
    • Again, repeat the key information as per the other notices and explain the locks have been changed
    • Also detail how the tenant can contact you

* Landlords can start eviction proceedings if they have not received rent payment for two months and do not have to wait the full 6-8 weeks to determine if their property has been abandoned

4. Consult Your Landlord Insurance

Landlord insurance can be a valuable safety net in cases of tenant abandonment, here’s how it can assist:

  1. Loss of Rent Cover – many landlord policies include cover for lost rental income (Rent Guarantee Insurance), helping to bridge the gap while seeking new tenants
  2. Malicious Damage Protection – if a tenant causes damage before abandoning the property, landlord insurance may cover the cost of repairs
  3. Legal Expenses – should legal action be required, insurance can help cover the fees
  4. Contents Cover – if furniture or appliances are damaged or stolen during abandonment, contents insurance may assist with replacement costs

It’s essential for landlords to review their policy details carefully and ensure tenant abandonment is covered, as not all standard policies include it

FAQs on Abandonment Notices

Can you enter a property if you suspect it’s abandoned?

  • As soon as you suspect your property has been abandoned, follow the steps above and attempt to contact the tenant before entering your property
  • If you do not receive a response within a reasonable time frame, you may enter the property
  • It is a good idea to enter the property and take photos of evidence which suggests the tenant has left with no intent to return (as explained above)

Why should landlords serve warning notices?

  • Warning notices ensure that the tenant is informed of the landlord’s belief that their property has been abandoned and that they wish to re-possess it
  • It provides the tenant a sufficient amount of time to respond if they wish and also make arrangements to collect any belongings they have left behind
  • These notices also act as a form of evidence and ensure you are complying with the law when it comes to property abandonment

What should a notice of abandonment contain?

As per the information outlined above, a notice of abandonment should contain:

  • A clear message outlining that the landlord believes their property has been abandoned
  • A request for the tenant to contact the landlord before a certain date if they disagree
  • A warning that the landlord will end the tenancy if there is no response by said date

How Can Our Property Services Help You?

After a landlord has served the necessary notices, having accurate inventory documentation from an accredited provider like Eclipse Inventories plays a key role in the process:

  • Proof of possession – it documents the property’s condition at re-entry, supporting any legal or insurance claims
  • Damage assessment – helps identify missing or damaged items and justify deductions from the deposit or insurance claims
  • Legal compliance – serves as evidence that the landlord acted appropriately and followed the correct process
  • Handling left-behind items – aids in valuing and recording tenant possessions, ensuring they’re stored or disposed of lawfully
  • Transparency – demonstrates the landlord acted fairly, reducing risk of dispute

A detailed inventory with supporting photographs protects landlords at every stage of the tenancy – especially in complex cases like abandonment. Don’t hesitate to contact us today and book in an inspection.

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