Tenant has abandoned property after sending me text message that they will no longer want the new contract (already signed). I asked for surrender form to be signed but they’ve gone mute - phone numbers no longer connect, they refuse to answer emails. We’ve tried using other means, writing to old addresses from their previous reference documents, still no one reaching back to us.
In the property, they have taken all valuables (TVs, clothing, shoes etc) but left their beds, sofa, children swings in garden, like loads of stuff.
Neighbours have been keeping an eye out but they’ve not been in the property for since last week in April.
To keep us in order, we have posted section 8 notices, and written letters to all the various addresses we have found.
After the period expires, do we need to still apply to court seeing that they’ve moved out but abandoned items that they couldn’t be bothered to take with them.
NB: They also asked that their deposit be used as last month rent (they haven’t even considered all the cleaning that needs to happen in the property). Basically, I’ve got one of those tenants that lied their way into our property and will most likely do the same to the next landlord.
How do we go about this abandoned property if someone has gone through this can suggest options.
If your tenant does not leave by the date in the notice, you’ll need to apply to the court for a standard possession order.
If your tenant does not follow the terms in the possession order, you can apply for a warrant for possession. This means bailiffs can remove your tenant from your property.
You must follow the correct procedures if you want your tenant to leave your property.
You may be guilty of harassing or illegally evicting your tenant if you do not follow the correct procedures. Illegal eviction is a criminal offence that can lead to a prison sentence.
This guidance is for England only. There’s different guidance on:
David240 has covered the main point well. A few practical additions that might help:
On the belongings: the Torts (Interference with Goods) Act 1977 requires you to make a reasonable attempt to notify the tenant before you can dispose of anything. In practice this means sending a written notice (recorded delivery to any known addresses including the property itself) stating what items are there, giving at least a few weeks to collect, and explaining what will happen if they do not respond. Keep a record of everything. Take photographs of all items before you touch them.
On the deposit: you can claim for unpaid rent, any damage beyond fair wear and tear, and cleaning costs. Even if the tenant has gone silent, you still need to go through the formal deposit dispute process. Most deposit schemes allow you to submit a claim uncontested if the tenant does not respond within a certain period.
One thing to check: does your tenancy agreement have a clause about abandonment? Some landlords include one. It does not override the legal process but it can help document that both parties understood the terms.
Good luck with it. These situations are stressful but they do get resolved.
You may be able to claim the the tenancy has ended through implied surrender, but now that we’re in the new era of the Renters Rights Act, I agree you should get specialist legal advice from a solicitor specialising in landlord and tenant law. Before you contact them, watch the David Smith video on property abandonment because you are going to have to inspect again and record/photograph as much evidence as possible first.
I just remember that the last time I was in this situation that was what made my solicitor “give me permission” to go in. In the past, I’ve just taken a risk and entered, cleared stuff away and relet – no problem occurred but I figured that if it did I’d somehow get through it.
You’re running a business and you have to decide the risk/rewards of breaking the law for yourself.
Yesterday, I wrote another email to them and copied their former guarantor. This was only when the male tenant responded that the keys were in the property and they had taken all the relevant belongings. He has asked that we stop writing them.
I asked about the other belongings and he replied that it’s for throwing out and we objected that he needed to do it himself.
He has said he will ask someone but we know he wouldn’t. A full video has been done and we will create the inventory. We’ve used the goods act to draft a letter giving him timeline for taking them, else will be disposed accordingly.
As they say they have left keys for you collect in the property I’d go round ASAP and collect them so keys have then been “handed over’” and the tenancy ended. And change the locks (good idea between tenancies anyway) -sorry if ridiculously obvious.
I think you can claim for cost of disposal via deposit and/or pursue tenant through courts for it. Whether worth the hassle/cost of claiming up to you taking account of risk of never getting back anyway.
We’ve already been round to take the keys but because of the belongings we have written and given them 14days to contact us and remove them else we dispose.
They were owing rent so the deposit only covers this. We’re considering other means of claiming removal, cleaning fees when the time comes. Most likely go through the court if it’s worth it in the end.
Always worth it in my opinion, if only for the satisfaction of hanging them with a CCJ. It’s not that expensive or time consuming via MCOL, and there’s always the possibility they will pay up to keep a clean credit report.
I had a tenant repay a debt of £1,500 years after the CCJ was applied, as he wanted to buy a house and couldn’t get a mortgage with bad credit.
Be thankful they’ve gone. It would cost you far more for a Possession order and Bailiffs.
Has anyone stored tenant’s belongings in a storage and it was still not picked up?
I’m just thinking about the whole process of storing and then bringing them out again if tenant has still not collected.
Please bear in mind, one of their email response to me was that they’ve taken their relevant belongings and the rest is for disposal. I can’t believe they’re making us dispose for them at our cost. And just to cover us we then need to store them before disposal.
We have left everything at the property and given them 14days, now organising storage and transport and also putting at the back of our mind another transport to get them out for disposal (say another 6wks?).
Anyone that has gone through this very scenario, please can you let me know steps you have taken.
“14 days is usually deemed to be plenty of time for the notice to be recognised before you can legally dispose of or sell the tenants left possessions.”
Other advice online suggests 14 days is enough
Notice Requirements
You can’t just get rid of items the next day. A formal notice must be given:
Write to the tenant’s last known address.
Email, text, or call if possible.
State clearly how long they have to collect belongings (usually 14–28 days).
This shows you acted fairly and gave them a chance.
Together with evidence from tenant they are happy for you to dispose of the remaining belongings youve given them plenty of time in case they remembered something they still wanted to retrieve
If the items are low value the risk supposing there was any claim would be low too so there is less risk from disposing. See nrla. So if cost of storage too high may not be worth doing anyway.