Abandoning a tenancy

The landlord must have reasonable grounds for believing that the property is unoccupied and that the tenant does not intend to occupy it as their home. If this is the case, the landlord can enter the property at any time to secure it and any fixtures, fittings or furnishings. The landlord also has the right to gain entry by force to achieve this. [1]

There are specific procedures that the landlord must then follow to gain possession of the property. [2]

Where the landlord is attempting to regain possession, a written notice must be served on the tenant. [3] The notice must tell the tenant that:

• the landlord believes that the property is unoccupied and that the tenant does not intend to occupy it as their home

• s/he must inform the landlord in writing within four weeks of receiving this notice if s/he does intend to occupy the property as their home

• the tenancy will be terminated at the end of the four weeks if it appears to the landlord that the tenant does not intend to occupy the property as their home. [4]

The notice can be served on the tenant by delivering it to them, leaving it at their last known address, or by sending it by recorded delivery to their last known address. [5]

The landlord must carry out inquiries to determine that the house is actually unoccupied and that the tenant does not intend to occupy it as their home. [6] These inquiries must be made in the four week period after the notice has been served. [7] This includes contacting neighbours, family, employers, and schools for example. It is not enough that the tenant is not living in the property currently since there may be valid reasons for that. The tenant must actually have no intention of occupying it as their home. If a tenant did not inform the landlord in writing of their intention to return to the property but simply telephoned to confirm it, it is likely that this would be sufficient to make the landlord aware of their intentions and the abandonment procedure should not proceed.

If the landlord has served the required notice and has made sufficient inquiries about the tenant's occupation of the property to be satisfied that it has been abandoned, the tenancy can be brought to an end immediately.

The serving of a further notice ends the tenancy and the landlord can take possession without the need for court proceedings. [8]

A tenant who has had their home repossessed using the abandonment procedure can apply to the court providing s/he does so within 6 months of the date the tenancy ended. [9]

The abandonment decision can be challenged on the grounds that:

• the landlord did not follow the procedure correctly

• the landlord did not have reasonable grounds to believe that the house was unoccupied or that the tenant did not intend to occupy it as their home

• the landlord was wrong to believe that the tenant did not intend to occupy the property as their home, and the tenant had reasonable cause (such as illness) for failing to notify the landlord within the four week period that s/he did intend to occupy it. [10]

If the tenant is successful in proving any of these grounds, the court must make an order:

• continuing the original tenancy, if it has not been let to someone else [11]

• that the landlord provide other suitable accommodation to the tenant, if the original property has been re-let [12]

• any other order relating to the tenancy that the court sees fit, such as an order that the landlord is not entitled to rent for the period it believed the property to be abandoned. [13]

If the tenant has left possessions in the property, the landlord has specific duties in relation to these. [14]

The landlord must notify the tenant that their possessions are available for collection at a specific location. The landlord can set a time limit for collection, that must be stated in the notice, but it has to be at least 28 days from the date of service of the notice and no earlier than the date on which the landlord is entitled to repossess the house. [15]

The landlord can serve the notice by sending it by recorded delivery or otherwise leaving it at the tenant's last known address. [16]

If the tenant wishes to collect their property, the landlord is entitled to charge for any storage costs incurred but is not bound to do so. [17]

If the possessions are not collected within the specified timescale, the landlord must store them for a period of six months after the date on which the house was repossessed and can sell them at the end of this time. [18]

However, the landlord does not have to store possessions where it is believed that the value of these is less than it would cost the landlord to store them. [19] The landlord is free to dispose of any such possessions however it wishes. [20]

If a tenant receives a prison sentence, for example of six months, the landlord may attempt to begin the abandonment process since the tenant is no longer occupying the property. However, if the tenant has stated their intention to return to the property at the end of the sentence, the abandonment process is not appropriate and a court order would have to be sought on one of the grounds for repossession. Depending on the length of the prison sentence, there may of course be Housing Benefit issues that need to be considered. For more information, please see the section on Housing Benefit.

The procedures that the landlord must follow when any joint tenant has abandoned the tenancy are virtually identical to the general abandonment provisions. The exceptions are in the notices to be served and the recourse to court timescale. There is a right to a joint tenancy, unless the landlord has reasonable grounds for refusing this, [21] and the abandonment procedure is designed to protect the rights of any tenant(s) where another has left the property.

The landlord must have reasonable grounds for believing that the property is unoccupied and that the joint tenant does not intend to occupy it as their home. [22] There are specific procedures that the landlord must then follow to end the joint tenant's interest in the property.

Where the landlord is attempting to end the interest of a joint tenant in the property because s/he has abandoned it, a written notice must be served on the tenant. [23] The notice must tell the tenant that:

• the landlord believes that the s/he is not occupying the property and does not intend to occupy it as their home

• s/he must inform the landlord in writing within four weeks of receiving this notice if s/he does intend to occupy the property as their home

• at the end of the four weeks if it appears to the landlord that s/he does not intend to occupy the property as their home, a further notice will be served ending her/his interest in the tenancy. [24]

This final notice must specify a date at which the abandoning tenant's interest in the property will come to an end. This must be at least eight weeks after the date on which the final notice is served. [25] This is a different timescale from that which applies where there is a single tenant only.

Each notice can be served on the tenant by delivering it to them; leaving it at their last known address or by sending it by recorded delivery to their last known address. [26] A copy of both notices must also be served on each of the other joint tenants. [27]

Prior to serving the final notice, the landlord must carry out inquiries to determine that the abandoning tenant is not occupying the house and that s/he does not intend to occupy it as their home. [28] This includes contacting the other tenants, neighbours, family, employers, and schools for example. It is not enough that the abandoning tenant is not living in the property currently since there may be valid reasons for that. S/he must actually have no intention of occupying it as their home. If s/he did not inform the landlord in writing of their intention to return to the property but simply telephoned to confirm it, it is likely that this would be sufficient to make the landlord aware of her/his intentions and the abandonment procedure should not proceed.

A tenant who has had their home repossessed using the abandonment procedure can apply to the court providing s/he does so within 8 weeks of the date s/he is served with a final notice ending their interest in the tenancy. [29] This is a much shorter period than for tenancies where there is a single tenant only, where the period is six months.

The abandonment decision can be challenged on the grounds that:

• the landlord did not follow the procedure correctly

• the landlord did not have reasonable grounds to believe that the joint tenant was not occupying the house or that s/he did not intend to occupy it as their home

• the landlord was wrong to believe that the joint tenant did not intend to occupy the property as their home, and the joint tenant had reasonable cause (such as illness) for failing to notify the landlord within the four week period that s/he did intend to occupy it. [30]

If the joint tenant is successful in proving any of these grounds, the court must make an order:

• continuing the joint tenant's interest in the original tenancy [31]

• that the landlord provide other suitable accommodation to the tenant, if it is not reasonable to continue their interest in the original tenancy [32]

• any other order relating to the tenancy that the court sees fit, such as an order that the landlord must compensate the joint tenant. [33]