Abandonment proceedings in social tenancies

Abandoning a tenancy means you're not living there as your main home.

The council or housing association can use abandonment proceedings to end your tenancy and take the property back. They do not need to go to court, but there are strict steps they must follow.

You can challenge the abandonment process if you're still living in the property, or you're only away temporarily.

The abandonment process

Your landlord cannot just change the locks. If they think you've abandoned your tenancy, they must:

• send you a letter called an abandonment notice, giving you 4 weeks to respond

• try to find out if you’re still living there

• stop any abandonment action if you contact them within 4 weeks to say you're still living there

To find out if you're living in the property, they can:

• visit the property to check if it's empty

• ask your neighbours if they've seen you recently

• contact your family to ask where you're living

• check with your employer if you’re still working in the area

• check if your children are still registered at the same school

If your landlord has good reasons to believe that the property has been abandoned, they can enter it at any time to:

• check if any of your belongings are still there

• take photos if it appears abandoned

• prevent vandalism or damage to the property

If you do not contact your landlord and they decide you’ve left, they must give you another notice at the end of the 4 week period to tell you they’ve ended your tenancy.

If you're away from home temporarily

Your landlord should not end your tenancy if you're away temporarily and you still intend to live in the property as your main home. For example, if you're in hospital or away for work.

Tell your landlord if you're going away so they know you've not abandoned the property.

If you can, it's best to leave some of your belongings in the property while you're away. This can help prove that you intend to return and keep living there.

Abandonment by a joint tenant

An abandonment notice can be sent to any individual tenant if the landlord believes they've abandoned the property.

This does not affect the tenancy of any joint tenants who are living in the property.

If the joint tenant does not reply to the notice within 4 weeks, the landlord must send a final notice that gives at least 8 weeks before ending their part of the tenancy.

All other tenants must be sent a copy of the abandonment notice and the final notice.

Stopping the abandonment process

Your landlord must stop the abandonment process if you respond within 4 weeks of the notice being sent to you.

Keep a copy of any emails or letters you send. If you send a letter, send it by recorded delivery and keep the receipt. You can use this proof if you need to challenge your landlord in court.

Step 1: Tell your landlord you've not abandoned your tenancy

If you've received an abandonment notice, contact the council or housing association immediately.

Tell them you're still living in your home or you intend to live there. Ask them to stop abandonment proceedings.

It's best to contact them in writing so there's proof. If you speak to someone on the phone or in person, mention this in your letter or email.

Use this letter template to help you know what to say. Copy and paste the text and personalise it with your details. Delete any parts that do not apply to you.

If you're still living in the tenancy, the council or housing association can only make you leave by going to court for an eviction order. Check our advice if you get an eviction notice.

Step 2: If your landlord refuses to stop the abandonment process

Tell them they're breaking the law.

Use this letter template to help you know what to say. Copy and paste the text and personalise it with your details.

If you can, include any proof of why you're away from home, such as medical letters about being in hospital or providing care.

Contact a Shelter Scotland adviser if they still refuse to stop abandonment proceedings. An adviser can help you understand your rights and explain your options.

Step 3: Take legal action if your tenancy has been ended

You can challenge an abandonment decision in court within 6 months, starting from the date when your tenancy ended.

If you were a joint tenant, the deadline is 8 weeks from when your tenancy ended.

You'll need legal advice to do this. A solicitor could challenge the abandonment in court if:

• your landlord did not follow the abandonment process correctly

• your landlord did not have a good reason to think you'd abandoned the tenancy

• you had a good reason for not responding to the abandonment notice within 4 weeks - for example, if you were in hospital and did not receive the notice

If you win the case, the court will order your landlord to give you your tenancy back. If your home has already been rented to a new tenant, they must give you a new tenancy somewhere else.

Solicitors charge for their work, but you could get legal aid to help with costs. Check our advice on getting legal help for free or at a lower cost.

What happens to your belongings after abandonment

Your landlord must send you a notice that says:

• where you can collect your belongings

• when you should collect them by – this must be at least 28 days away

If you do not collect your belongings by the deadline, and their value is less than it would cost to store them, your landlord can dispose of them.

If the value of your belongings is more than storage costs, your landlord should store them for up to 6 months. They may ask you to pay for storage costs as well.

You can ask your landlord to tell you how they worked out the value of your belongings.

If you have not collected your belongings within 6 months, they can be sold or disposed of.

Emergency accommodation if your locks have been changed

If you have nowhere to go, ask the council for homeless help. They must give you emergency accommodation as soon as you need it.

Check our advice on making a homeless application.

If you’re not a British or Irish citizen, your rights to homeless help could be different. Check our advice on how your immigration status affects your housing options.

If the council says you're intentionally homeless

This means they think you became homeless because of your own actions.

The council must still take a homeless application and give you temporary accommodation while they look into your situation.

They should take all the circumstances into account. You should not be found intentionally homeless if you lost your home for reasons out of your control. For example, if you were in hospital and could not respond to an abandonment notice.

Tell the council any steps you took to stop the abandonment process, or reasons why you could not stop it. Show them proof if you can, for example:

• letters or emails telling your landlord you intended to live in your home

• letters from a doctor or social worker about why you could not respond to the notice

Even if the council gives you an intentionally homeless decision, they must:

• offer you advice and practical help with your housing options

• give you a reasonable amount of time to find another home before they ask you to leave temporary accommodation

You can appeal an intentionally homeless decision if you think it's wrong.

Check our advice on getting an intentionally homeless decision.