What to do when a Tenant does a Bunk!

Introduction

As a #landlord, it can be stressful when a #tenant disappears without warning. Not only do you have a responsibility to maintain the #property, but you also have legal obligations to follow when dealing with the tenant's disappearance. However, with the right knowledge and tools at your disposal, you can successfully navigate this difficult situation and protect your property.

Tenant Abandonment

The first step in dealing with a disappeared tenant is to understand what constitutes tenant #abandonment. According to UK law, tenant abandonment occurs when the tenant voluntarily gives up their legal #possession of the property, allowing the landlord to reclaim possession. However, this can be difficult to determine, as tenants have rights under the Protection from Eviction Act.

To avoid any legal issues, landlords should include a clause in the tenancy agreement stating that the tenant must notify them if they plan to be away for longer than two weeks. However, there may be emergency situations that prevent the tenant from notifying the landlord, such as sudden hospitalization. For this reason, landlords cannot assume that the property has been abandoned, even if the tenant appears to have disappeared.

In the event of a suspected tenant disappearance, the landlord should attempt to contact the tenant to confirm that they are returning possession of the property. If there is no response after several attempts, the landlord can assume the property has been abandoned if the rent is overdue, and other indicators, such as the keys being left and the tenant's possessions being removed, are present.

Possession of the Property

To regain possession of the property, landlords can apply for a court possession order. Before doing so, they must issue either a section 8 or section 21 notice, depending on the circumstances. A section 8 notice is used for cases where the tenant is being removed for legal reasons, such as breaking the tenancy agreement. A section 21 notice may be more suitable if there is no strong evidence that the property has been abandoned.

However, landlords should be aware that there are certain conditions that need to be fulfilled to issue section 21 notices. The tenant must be given a two-month notice period before the landlord can apply to the court for a possession order, and landlords cannot use a section 21 notice within the first four months of a tenancy agreement.

If the tenant has left possessions behind, the landlord cannot sell them to offset the amount owed in rent. Instead, they must take reasonable steps to return the items to the tenant and ensure that they are not damaged while being stored. If the landlord cannot get confirmation from the tenant that the goods have been abandoned, they must be kept for three months.

While dealing with a disappeared tenant can be stressful, landlords can take steps to protect their property and navigate the legal system. One useful tool is tenant tracing agencies, which can help landlords locate disappeared tenants quickly and efficiently. These agencies use a range of methods, including credit checks, social media searches, and public record searches, to locate the tenant's whereabouts.

When working with a tenant tracing agency, landlords should ensure that they are using a reputable and licensed agency that complies with the Data Protection Act. They should also be aware that tenant tracing agencies are not a substitute for legal advice and that they cannot guarantee results.

Conclusion

In conclusion, dealing with a disappeared tenant can be a difficult situation for #landlords. However, by understanding the #legal requirements, issuing notices appropriately, and taking care of the tenant's possessions, landlords can successfully regain possession of their property. Additionally, tenant tracing agencies can be a useful tool in locating disappeared tenants and resolving the situation quickly and efficiently.

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Resources

Trace a debtors address

Obtain pre-litigation information

Locate an ex-tenant

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What to do when a tenant does a bunk