The nationwide tenant eviction and rent collection firm Landlord Assist has warned all landlords to be cautious even though it may appear that the tenant renting their property has abandoned it part way through the tenancy agreement.
When a tenant leaves the property unoccupied for long periods it is always tempting for a landlord with landlord insurance to change the locks and regain possession of the home, simply because empty properties will often become a target for vandals or even worse, have squatters move in. By regaining possession the landlord hopes to shorten the vacancy period and then re-let to new tenants. But this is where the problem starts, because a tenant is legally entitled to return and take up residence again and if the landlord re-lets without receiving a notice of surrender from the tenant who returns, they can be accused of unlawful eviction for breaking the tenancy agreement.
Landlord Assist are making landlords aware that unless the tenant voluntarily ends the tenancy, then the only way they can legally reclaim the property is by getting a possession order from the county courts.
Stephen Parry, commercial director at Landlord Assist, said “We appreciate that there are sometimes occasions where the tenant simply disappears without surrendering the property. In these circumstances, we generally suggest that landlords invoke the possession process through the courts to avoid the risk of an unlawful eviction claim from the tenant. Even if the rent has not been paid, there are severe penalties for any landlord who can be shown to have illegally evicted a tenant.”
Any landlord who does not go through the court process will have to rely on grounds of “abandonment” as a defence for taking back possession of their property. In such instances the landlords needs to demonstrate that it was reasonable for them to believe that the property had been abandoned. For a successful claim of abandonment, the landlord will be required as an absolute minimum, to speak to the tenant’s next of kin and their employers to see if they have any knowledge about where the tenant is.