Tenant Abandonment: What To Do If Your Tenants Leave Without Giving Notice

Mariam Abu HusseinLegal Assessment Specialist @ Lawhive

Updated on 4th March 2024

Whether you're an experienced landlord or new to the game, dealing with disappearing tenants can throw you for a loop.

In this article, we'll cover all the legal ins and outs of property and tenant abandonment, covering what counts as abandonment, what landlords should do in the case of tenant abandonment, and how to handle abandoned property following the law.

What is tenant abandonment?

Tenant abandonment is when a tenant vacates a property before the end of the tenancy period without telling the landlord or letting agent. You might have heard it called a 'midnight flit' in some circumstances, but essentially it's a situation where the tenant(s) skip out without giving any heads up.

The tricky part for landlords is confirming whether the tenant has permanently left the property or they are away temporarily.

What are the consequences of tenant abandonment?

If a tenant leaves without giving the appropriate notice as per the tenancy agreement, it can lead to:

• Loss of rental income;

• Inability to rent out the property until the situation is sorted;

• Security concerns posed by a vacant property, including the potential for squatters;

• Higher insurance premiums.

What should landlords do if their tenants abandon a property?

If you suspect tenant abandonment it can be difficult to prove. Legally, landlords can't enter a property without permission from the tenants, except in emergencies like a fire, so it can be hard to confirm key signs like keys left behind or missing possessions.

Furthermore, landlords must keep the property accessible to the tenant during the tenancy and can't rent it out to someone else without confirming abandonment. This protects tenants from eviction if they temporarily leave, so renting it out to someone new without confirmation could be seen as a criminal offence in the eyes of the law.

One way to potentially confirm abandonment is by speaking to neighbors who may have seen the tenants moving out. Alternatively, they might have information about their whereabouts.

It may also be helpful to contact anyone listed on the tenancy agreement or contact a tenant's employer to query their whereabouts. All landlords have a duty of care to their tenant's health and safety while living in their rental property, therefore it would not be unreasonable to try and confirm the well-being of a tenant who seems to have gone AWOL.

How should landlords inform tenants they suspect abandonment?

There isn't a specific procedure landlords must follow when notifying tenants of suspected abandonment. However, placing notices strategically around the property can help landlords stay within the law.

Step one

Initially, landlords should prominently display a notice inside the building, accessible to tenants. This notice should state the landlord's belief that the property has been abandoned, their intention to claim possession, and how tenants can stopthis by contacting them.

It should also mention the possibility of changing locks, along with the planned date. Landlords should include their contact details and the date the notice was published. Taking a photo of the notice as a backup is advisable.

Step two

Stage two involves affixing a notice inside the property that's visible from the outside. This should be done after the time limits specified in the first notice have passed, and locks have been changed due to lack of response from the tenant.

This notice should include contact details for the landlord in case the tenant returns or if someone with information about the tenant sees it. The date of posting should also be included.

Legal options for landlords following tenant abandonment

To regain possession of their property, landlords can seek a Possession Order.

To start eviction proceedings, landlords typically issue either a Section 8 or Section 21 notice. A Section 8 Notice is often preferred in cases of abandonment as it covers breaches of tenancy agreements.

However, if a landlord is unsure whether the property has been abandoned or not, they may opt for a Section 21 Notice (also known as a no-fault eviction), which doesn't require a reason for eviction.

The choice between a Section 8 and Section 21 notice depends on various factors, including the type and length of the tenancy agreement.

A Section 21 Notice generally requires less court involvement, but tenants must be given at least a two-month notice period before eviction, along with other conditions.

Even if you suspect a tenant has abandoned a property, you must follow the legal eviction process.

If you're uncertain about the right approach for your situation, contact us today.

Our network of landlord and tenant lawyers can provide expert legal advice at affordable fees to help you move forward with confidence.

My tenants have abandoned the property and left their belongings behind - what should I do with them?

In certain situations, landlords can remove a tenant's belongings from a property if they have left them behind. However, they must provide written notice about the location of the belongings, where they can collect them, and when the landlord's obligation to hold the goods ends.

According to The Torts (Interference with Goods) Act 1977, landlords cannot sell or dispose of a tenant's property without trying to return them first.

Failure to do so can result in compensation claims against the landlord.

How can Lawhive help with tenant abandonment?

Tenant abandonment can be challenging to handle, but there are options available to you, including starting the process of eviction and, eventually, possession proceedings.

For help with this, our network of expert landlord and tenant solicitors is here to help.

At Lawhive, we support individuals in the UK access quick, affordable access to the best lawyers and legal professionals.

Contact us today to find out more and get a no-obligation free quote.