One of the most common questions asked by private landlords is the current economic climate is ‘What should I do if my tenant leaves without notice before the tenancy comes to an end?’
It comes as no surprise that as job security remains low and many are struggling to make ends meet, that the number of instances where tenants are leaving without notice has increased.
Often known as‘doing a runner’, ‘flitting’, ‘moonlighting’ or ‘walking’, a client leaving without notice, in strict legal terms is known as the abandonment of a tenancy.
Often something affecting the private landlord that has opted for DIY property management, it is all too common for a landlord not to notice that the tenant has in fact left until the payments stop. This is why is it essential to use the services of a professional letting agent such as Belvoir Sheffield, leading Sheffield lettings agent. We will ensure that the property is monitored closely and that regular checks carried out on the property,
The worst case scenario could be that several weeks could go by before anyone is alerted to a vacant property, which in winter could be suffering frost damage, or even squatters.
When a tenant abandons a property bear these points in mind:
- When tenants’ possessions are left behind, the landlord owes a legal duty of care to the tenant to protect them (Torts (Interference with Goods) Act 1977). This is the case even though the tenant may be in rent arrears and has damaged the landlord’s property.
- It‘s a criminal offence to unlawfully deprive a residential tenant of his or her occupation of the premises. A landlord cannot bar a tenant from property without first obtaining a surrender of the tenancy or gaining consent from the courts – by obtaining a Possession Order.
- Landlords should employ aspecialist lettings agent such as Belvoir Sheffield to keep a watch on their properties for signs of abandonment. Common signs include mail in the letterbox after a number of days, bins not being emptied, drawn curtains, and empty parking bays.
- If you truly believe that the property has been abandoned, speak to the neighbours to see if they have seen the tenant or any evidence of them moving out. If you have any reports of this, cautiously enter the property with the spare keys and have your agent present as a witness.
- If the property has been abandoned, you should make it secure by changing the locks and turning off utilities.
- Your agent should take photographs of the state of the property and take all the meter readings. Your agent should do a full check out inventory for you for evidential purposes.
- You should then go ahead and affix an Abandonment Notice to the door of the property, and also serve at the property a 14 day Housing Act 1988 Section 8 Notice citing the relevant grounds for seeking possession.
- Once a Housing Act Shorthold Tenancy is no longer the main residence of the tenant then Council Tax liability falls on the landlord. This the landlord can claim back from the tenant as the tenancy agreement should make clear, but in these circumstances this is unlikely to happen.
Belvoir Lettings Agency Sheffield is the One Stop Specialists for Lettings including Property Management, Tenant Find, Investment and Wealth Management Advice, Fit-outs and Renovations, Furniture Packs and Investment Property Insurances and Mortgages.
