RESIDENTIALlettings
No longer
at this address
’s Practitioner, a very experienced
letting agent, advises on handling the difficult
issue of the abandonment of a rented home.
he figures make poor reading. 3. Evidence
T
Rent arrears have passed the Early inspection of the property after
£250 million mark in England giving written notice of the visit as set
Agents owe a
and Wales; 560,000 tenants are out in the tenancy agreement, retaining
behind with their rent and a copy of the notice is essential. Look for
clear duty to
133,000 may be evicted and lose their visible signs, curtains drawn in daylight
homes. Small wonder, then, that some hours, unopened mail visible through the
their landlords to
do not wait to be evicted but walk away letter box. Unused waste bins, empty car
abandoning the rented home and parking spaces.
identify cases of
frequently many of their possessions.
Often the first sign that a tenant has 4. Information
abandonment as
“walked, done a runner, or become a gone Check with neighbours as to tenant’s
away” – to use letting agent slang – is non absence, expressing cause for concern
soon as possible.’
payment of rent. Reminder and demand that letters and phone calls remain
letters go unanswered, the telephone is not unanswered. Do not peer through
answered and mobiles click off when the windows or attempt to look through rear
agent’s name appears on the phone display. doors until after contact with neighbours, 7. Immediate action
Agents owe a clear duty to their since burglary may be suspected and the Make the property secure, change locks
landlords to identify cases of abandonment police called. and drain water systems or provide low
as early as possible to avoid further loss of level heating in winter months. Remove
rent, frost damage in winter and the risk of 5. Cautious entry waste food and empty indoor waste bins.
squatters. It is not unknown for tenants If abandonment appears very likely use Make a photographic record of the
about to slip away to hand keys to friends management keys to enter the property, condition of the property.
or even relative strangers. always accompanied by a colleague or
There are also duties to tenants in the landlord. In the unlikely event that 8. Advise Landlord
respect of personal possessions left behind the tenant is in residence, explain you Facilitate accompanied landlord visit
which remain the property of the tenant were concerned that the tenant was ill or where possible and take instructions.
and should be stored safely for a reasonable may have suffered a domestic accident
period, two to three months, at the and apologise that a visit was made 9. Caution
expense of the tenant. Proceeds of sale can without appointment. Tenants may not have abandoned the
be offset against money the tenant owes. property but be ‘missing’ due to:-
6. Obvious Signs
•
Hospitalisation
WHAT IS ABANDONMENT? Unused food in cupboards, freezers and
•
Imprisonment
refrigerators are obvious signs. Look out
•
Prolonged and unexpected absence
1. Definition for utilities being turned off; personal on holiday
A situation where a tenant leaves, often effects, particularly clothing, missing – Enquiries from neighbours, employers or
owing rent, without it being clear that although it is common for bulky items next of kin if known must be carefully
the tenancy has been surrendered by such as furniture and bedding to be left managed and recorded in writing.
returning keys to the agent. behind. TVs, audio equipment and white
goods often remain since they are 10. Beyond Reasonable Doubt
2. Identification frequently subject to hire purchase or Once agents have established beyond
Non payment of rent, failure to respond lease agreements. Unopened mail, reasonable doubt that the property has
to letters sent by the landlord or to postmark dates will often provide a been abandoned, a permanent notice
telephone calls. clue as to the date of departure. should be fi xed to the door(s) of the
50 OCTOBER 2009 PROPERTYdrum
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