What You Need To Know About An Abandonment Notice

By Author: Carolyn Clayton
Total Articles: 129
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Abandonment occurs whenever a tenant whose agreement with the landlord has not yet expired leaves the property for more than two weeks without notifying the landlord. Tenants who have difficulties paying their rent sometimes use abandonment to gain time. In this case, they may leave their belongings behind. Find out more about an abandonment notice and its pitfalls below.

Caution Is Advised
Since many landlords get into trouble because of abandonment, there have always been voices who claim that the law is, when it comes to abandonment, in favour of the tenant. Though things may appear so at first glance, in reality the law doesn't necessarily protect tenants who abandon the property. Landlords must simply be cautious and fully understand how an abandonment notice works.

What The Landlord Should Know
When your tenant abandons the property before the end of the tenancy and without any notification, you must pay attention to a couple of points. If you do, the law will be on your side.

• The tenant can return to the property and continue to reside in it whenever he or she wants, provided of ...
... course that the tenancy is still valid.
• You, as the landlord, must look after your tenant's possessions (if any are left behind) while he or she has abandoned the property.
• You can get into trouble if you let the property to someone else during the tenant's absence and he or she later returns. In such a scenario, assuming that the first tenancy has not yet ended, you will be guilty of breaching your agreement.
• Abandonment may also mean the surrender of a legal right, but only in certain circumstances. This however, doesn't happen that often, so you should not take over the property unless you're absolutely convinced the tenant has left for good.
• In a small number of cases a tenant may abandon the property because of a medical emergency, prison sentence, extended holiday etc. It's important to consider this before taking any legal action.

What Should The Landlord Do
Before you take any action against a tenant who has abandoned the property you must consider four points. First, what rights you have to enter the property. Second, how certain it is that the tenant has abandoned the property, and whether or not you can sign a new tenancy agreement with someone else. Third, whether there are any belongings left behind, and if so, what to do with them. Four, what is going to happen if you re-let the property and the tenant reappears.

• Sometimes it can be so tricky to consider all these factors and to make the right decision that it's better to obtain a possession order from a court before taking any action.
• Note that whenever the tenant has left some possessions behind it is a clear sign that he hasn't abandoned the property for good. In this case, await his return or try to get a possession order.
• To prove that a tenant has abandoned the property you must have his or her deed of surrender and your keys. You may do without these two items, but it's always safer to have them.
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