Abandonment of Rental Premises
Fri 20 May 2016
Landlords should be aware that included in the Housing and Planning Bill 2016 which is currently passing through Parliament, is a provision which will make it easier and safer to recover their property when it is abandoned by the tenant part way through the tenancy.
The current position is unclear and open to interpretation. There is no clear process for a landlord who suspects that a tenant has abandoned the property. In addition, the landlord could unwittingly expose themselves to legal action by the tenant if they act without considering all factors that may be involved.
Under the new proposals a landlord will be able to serve a notice bringing the tenancy to an end, provided certain conditions are met. In addition, the landlord will need to serve two warning notices at different times. The new abandonment clause will allow landlords to take possession of the property in a minimum of twelve weeks where the criteria is met.
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