A PRIORI ABANDONMENT ABSORPTION RATE ABSTRACTION METHOD  ACCELERATION CLAUSE ACCESSORY BUILDING ACCRETION ACRE ACTUAL AGE ADJUSTMENT DATE AD VAL OREM TAX ADDENDUM ADJUSTABLE-RATE MORTGAGE (ARM) ADJUSTED BASIS ADJUSTED SALES PRICE AESTHETIC VALUE AFFIRMATION AFFORDABILITY ANALYSIS  AGENT AMENITY AMERICAN SOCIETY OF APPRAISERS AMORTIZATION AMORTIZATION SCHEDULE AMORTIZATION TERM AMPERAGE ANNUAL PERCENTAGE RATE (APR) ANNUITY APPLICATION APPRAISAL APPRAISAL FOUNDATION APPRAISAL INSTITUTE APPRAISAL PRINCIPLES APPRAISAL REPORT APPRAISAL STANDARDS BOARD (ASB) APPRAISED VALUE APPRAISER APPRECIATION ARMS LENGTH TRANSACTION ASSESSED VALUE ASSESSMENT ASSESSMENT RATIO ASSESSOR ASSET ASSIGNMENT ASSUMABLE MORTGAGE ASSUMPTION ATTACHED HOUSING

Property Abandonment

 

Legally, property abandonment is the voluntary surrender of a legal right, for example, an interest in land or property - a tenancy.

Tenants sometimes leave their accommodation unoccupied for long periods or may leave entirely, or appear to have left early, before the end of their tenancy term (term certain), usually 6 or 12 months in the case of an Assured Shorthold Tenancy.

Problems for the Landlord! 

This action may be in breach of the tenancy agreement as these usually state that the property must not be left unoccupied in excess of two-weeks without informing the landlord. 

This situation puts the landlord in a difficult position for several reasons:

• Insurers usually stipulate that they must be informed if the property is to be unoccupied for periods in excess of 14 days, and may increase the premium due to the increased risk in these circumstances.
• Unoccupied properties become targets for vandals and create nuisance complaints from neighbors, possibly then involving the local authorities.
• Unoccupied properties are vulnerable to occupation by squatters

An important point is, is the rent still being paid? Even so, the tenant still has her rights, even if the rent has not been paid, and there are very severe penalties for any landlord who can be shown to have illegally evicted a tenant.

Not only is illegal eviction a criminal offence, the landlord can find herself at the receiving end of a claim for civil damages. This could result in damages of several thousand pounds - the difference between the value of the property when occupied by a tenant and that when sold with vacant possession!

What Should the Landlord Do?

A landlord or agent in this position has some difficult decisions to make:

1. What legal right has the landlord or agent got to re-enter the property?
2. If it is very obvious that the tenant has left for good, can the property be re-let?
3. What should happen to any of the tenant's possessions which may have been left behind?
4. What would be the consequences if the property is re-let and the tenant returns?

Never be tempted to change the locks and remove tenants' possessions in such circumstances. If you have handled the tenancy application correctly you should always have sufficient information to contact the tenant or a relative.

You need the agreement of the tenant that she has actually abandoned her tenancy rights, preferably in writing in the form of a notice to quit. You also need the return of the keys - this is an important point as returning the keys is a clear indication of the tenant's intent.

If the tenant appears to have abandoned the property, but you have no written confirmation, important points are:

• Is the rent still being paid?
• Has the tenant left the keys to the property?
• Can you contact the tenant or a relative?
• Do neighbors have any knowledge?
• Can you see through the windows if the tenant's possessions are still in the accommodation?

If the above points indicate abandonment and the property has been left in an insecure state, or you suspect internal appliances could present a danger to the property and/or neighbors, then, and only then, may you have a case for entering the premises and possibly fitting a secure lock.

In this case:

• You should have a reliable independent witness willing to confirm the circumstances in writing. You may consider contacting the local authority's Tenant Relations Officer.
• You leave a clear notice on the door informing the tenant that the lock has been changed and that if they require access they must contact you at the address supplied to obtain a replacement key.
• Remember that you do not want to encourage squatters - notices displayed too prominently may do just that!
• Under no circumstance must you deprive the tenant/s of their rights to access.

Taking these precautions may enable you to re-let quickly (seeking a possession order can be a lengthy process), but if in doubt seek expert advice on the specific case locally, and seek the assistance of independent witnesses.

Be aware that savvy tenants may be aware of the damages they can obtain, and it is not beyond the realms of comprehension for a tenant to attempt to trap a landlord into illegally evicting them!

If the tenant does appear to have abandoned the property but other evidence introduces doubt, or you cannot confirm this, you should obtain a court possession order before taking over the property or re-letting.

 

Landlord Guide 

• Check the property regularly, without interfering with or harassing the tenants, to make sure it is still occupied as well as carefully monitoring rent payments. Also consider:
  • Asking a neighbor to monitor tenants' movements for you.
  • Provide a weekly cleaning service within the tenancy which means that the condition of the property is also carefully monitored.
• Whilst in occupation and for the duration of the tenancy, tenants have a "legal estate" in the property and a right to treat the premises as their own, within the terms of the lease - harassment has very serious consequences. 

 

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