Abandonment

When tenants leave their accommodation unoccupied for long periods it is tempting for Landlords to change the locks and regain possession of the property, as empty properties may become a target for vandals or squatters.

By regaining possession, Landlords hope to shorten the vacancy period and re-let the property quickly to new tenants.

Tenants, however, are legally entitled to return and take up residence again. If the Landlord takes over the property or re-lets without receiving a notice of surrender and the tenant returns they could be accused of unlawful eviction for breaching the tenancy agreement.

The classic case is the tenants owe you money, they refuse to take your calls, you Serve Notice and the next thing you know is there is no one in the property (sometimes they wilfully cause damage).

Do you now have vacant possession of your property and can you change the locks?

The answer is always NO - unless you are happy, in worse case scenario, you could satisfy a Judge that:-

a) The tenants by their actions have surrendered their tenancy AND
b) You took appropriate actions to reaffirm your suspicion the tenancy has been surrendered.

One could place a Notice of Abandonment on the inside of the front door

If you had a signed letter of surrender, there would be no case to answer. Having a letter on file protects you from malicious action and removes ambiguity about the surrender.

Should you NOT be able to satisfy the above criteria this is the risk you expose yourself to:-

A Tenant brings a case for unlawful eviction in addition to paying them compensation you also pay their legal costs (approx £20,000 this may cost you )
At considerable expense, you have repaired the property and re-let.
A few weeks later the tenant contacts you saying they have been away, visiting a relative, on holiday etc and that you have disposed of their personal possessions, re-let the property; and unlawfully evicted them.
The tenant, qualifies for legal aid, they have their Solicitors write to you demanding they be let into the premises. You are reminded that they have a valid tenancy that has not been surrendered and you as the Landlord are obliged to house their client.

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