Abandonment of Property

 

The Association of Tenancy Relations Offices (ATRO) recently gave an update on their work - namely preventing evictions and providing tenants, landlords and others, with advice.

 

Housing departments have been reminded of the legal obligation of landlords when properties are suspected of having been abandoned by tenants. Their concerns rest on reports that some Councils give guarantees to private landlords that they will not be prosecuted for an illegal evictions if they follow a set procedures - which is incorrect. The only guaranteed protection for a landlord against prosecution for an offence or for civil action by a tenant for damages is for a landlord to obtain an Order for Possession.

 

It is understandable that some Local Authorities (LA's) wish to ensure properties are occupied quickly if they are believed to be vacant. Such properties are often required when a LA is seeking to house homeless families. However, LA's could be liable for damages if they provided landlords with either a guarantee that they will not be prosecuted for a potential illegal eviction or if they advise them to take back the property without a Court Order.

 

ATRO stress that in the absence of an unequivocal act of surrender of the tenancy by the tenant, there is no lawful or entirely risk free procedure by which a landlord may regain possession of a suspected abandoned property, other that an application to the County Court for a Possession Order.

 

Complex legal case law exists about what is enough to be considered 'surrender of a tenancy', the main point being that the threshold is quite high and difficult to satisfy unless the tenant has made explicitly clear to the landlord that they have left the property.

 

ATRO cautions that any other approach requires the landlord to be able to establish that the premises have ceased to be the tenant’s only or principal home - which is very problematic. Even an absence of a number of months cannot provide solid evidence that the tenant does not intend to return. Also, where premises are no longer a tenants only or principal home, the landlord still needs to be careful that the contractual tenancy is correctly terminated.

 

For further information please visit ATRO or Communities and Local Government.