An abandoned property is one that may be owned by one party and has been let to another party to occupy. If the occupier fails to be present for an extended period of time, the property owner may deem that the occupier has abandoned the property and no longer wants to lease or tenancy it.
Why is it problematic for landlords?
A landlord may rent a property to a third party in return for rent and then find that the tenant stops paying the rent, and when the landlord visits the property, there is no one there. The landlord may want to take back possession of the property, but depending on the lease terms, the landlord may be unable to change the locks and assume that the occupier has abandoned the property. A landlord should first try to gather as much information as possible about whether or not the occupier intends to come back to occupy the property again in the future before they take back possession. If a landlord wrongly assumes the property has been abandoned and takes it back, they could find themselves liable to pay damages if the tenant later returns and finds they are locked out.
It is very common in the residential property sector for tenants to move out of properties if they are unable to pay the rent and communications with the landlord break down. In these cases, the landlord often doesn't know for several months that the tenant is, in fact, no longer living at the property.
However, if the tenant appears to have abandoned the residential property, it is not permissible for the landlord to simply change the locks without first obtaining a court order. Landlords should never take back possession of a residential space and change the locks even if the tenant appears to have taken all of their belongings.
Can a landlord enter an abandoned property?
A landlord should not enter a property even if it looks to have been clearly abandoned because the tenant is still in legal possession of the property.
What about goods that a tenant might leave in the property when they leave?
It is common for tenants to move out of commercial or residential properties but leave some of their own goods and possessions in the property because they cannot physically move them or no longer want them. Again, it is not permissible for a building owner to claim ownership of those goods and keep them for themselves, and attempts should be made to require the tenant to come and collect the items left. A notice under the Torts (Interference with Goods) Act 1977 ought to be served by the building owner before any steps are taken to dispose of the items left behind.
In the residential property sector, if a landlord re-enters a property and removes the tenant's possessions, the landlord could be liable for financial damages for unlawful eviction.
What is a Torts notice?
A Torts notice is a notice the property owner gives to the tenant who has left their possessions behind. The notice informs the tenant of the goods left behind. It gives them a period of time to collect their items, failing which the building owner has the right to put the tenant's items into an auction, the proceeds of which would be given to the former tenant once the costs of sale have been deducted.
In legal terms, the building owner becomes the bailee for the goods and assumes a duty to take reasonable care of them while they remain in the property.
It is a common misconception that if a landlord takes back possession of their property and finds some of the tenant's possessions there, they can simply claim ownership. That is not correct, and in all cases, advice from experts who deal with landlord and tenant disputes should be taken as to whether or not a Torts notice must be served, allowing the owner of the goods an opportunity to come back and collect. This is despite the fact that the owner of the goods may have left them there on purpose when they moved out.
In some commercial property leases, a clause specifically allows the landlord to dispose of the goods to avoid a situation where a landlord has to serve a Torts notice after a tenant has left.
If goods are left inside a property and the landlord doesn't know where the tenant has gone or how to contact them, putting a Torts notice up outside the property will be sufficient to give notice to the tenant and discharge a landlord's duty in relation to the items left behind.
This information is for guidance purposes only and does not constitute legal advice. We recommend you seek legal advice before acting on any information given.
