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What to do with an abandoned premise

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  • What to do with an abandoned premise

    Abandoned premises

    Sometimes tenants leave a property with rent owing and without notice having been given. When this happens the tenancy is considered to have been abandoned.
    Normally the landlord wants to get into the property as soon as possible and relet it. While this is understandable, the law, in the interest of protecting both the tenant and landlord, sets out a procedure that must be followed.
    What to do

    If you think your tenant has abandoned the tenancy, the first thing to do is to try and contact them. If you know where they work or who any of their family and friends are, give them a call or go round and visit.
    If the tenant hasn’t abandoned the property, they will appreciate you checking before taking any other steps. If they have abandoned the property, then getting them to sign over possession will make things a lot simpler as you will be able to get into the property straight away.
    "There's one way to find out if a man is honest-ask him. If he says 'yes,' you know he is a crook." Groucho Marx

  • #2
    It is interesting that there is a lot of confusion and grey water cast around about abandonements.
    There are two types you know.
    One relates to the property being abandoned. Often but not always there are abandoned goods in an abandoned property.
    The other relates to adandoned goods.

    The RTA says you may dispose of perishibles and food immediately.
    Stange as it may seem the RTA does not define an abandoned property but it says what you need to do about it.
    Clearly the writer of the RTA did not know what an abandoned property was so did not define it. How on earth the DBH can advise people on how to deal with an abandoned property when they can not clearly define an abandoned property is beyond me.

    The RTA forbids entry to find out if the property is abandoned but expect landlords to come to court to clearly state a property has been abandoned. Typical civil servant rubbish.
    How one is expected to remove rotting health risky material without breaking the terms of the RTA is a mystery.

    So you have to take a risk.