In times of economic hardship, the number of tenants leaving homes without giving proper notice and before the end of the lease increases significantly. Abandoning a lease is a serious matter and can have a number of ramifications for your business. In many cases, you probably won’t even realize your premises have been vacant until your rent stops, which means it could often sit vacant for up to a month when you would have been subject to greater risk. .

If your rental accommodation ever becomes empty, it is essential that you keep an eye on it as closely as possible, especially during winter. During the cold weather, your property is in greater danger of frozen pipes, so you should consider draining your pipes whenever they are empty during a cold snap. No matter what time of year your home is deserted, it will always be at risk of invaders, especially if the previous tenants did not take care to properly secure the accommodation when they left. As soon as you realize your home is abandoned, you may need to tell your homeowner’s insurance company about the problem. Homeowner’s home insurance is often affected if your home is empty.

When a tenant leaves a home, it is common for them to also abandon various belongings and even pets. Unfortunately, the landlord has a legal responsibility to protect belongings that are left behind, even when the tenant has moved out late or after causing damage. Because leaving the house behind can be a sign that the tenant plans to return, the landlord must also be careful not to violate the Protection Against Eviction Act of 1977.

You are not allowed to deny a residential tenant occupancy of the premises, or attempt to do so, and you may be charged with a criminal offense if you decide to do so. This means that even though it may appear that a tenant has abandoned their home, they may need to obtain delivery of the home from the tenant, or obtain a writ of possession from the courts where delivery is impossible. By repossessing a property and renting it back, you may be legally exposed in the event the tenant returns unexpectedly.

You should always seek legal advice if you believe your property has been abandoned and the best way to stay legally protected is to obtain a Possession Order. Signs of abandonment can include posting poles, constantly drawn curtains, and empty parking lots. Being familiar with the neighbors can help you in a situation like this, as you may be able to get better information and may receive a defection report much sooner. When talking to neighbors about abandonment issues, you should try to determine when the tenants were last seen and if they gave any sign of whether or not they planned to return.

Take the names of the neighbors and ask if they would be prepared to provide a statement if necessary (although this does not necessarily mean that they will, so legal advice should be sought in these circumstances). If you determine that you have reasonable grounds for entering the home, you should do so cautiously and with impartial witnesses whenever possible. If you discover that the house is occupied, you should be prepared to leave quickly and hope that your tenants understand that you had been entering out of fear for their safety.

Under no circumstances should you force entry, just use your spare keys and if your path is blocked you should address the issue to the police or courts. Once inside, you must confirm that the house has been abandoned beyond a reasonable doubt. Because an agent is required to immediately notify the landlord of the defection, agents providing full service management must be particularly conscientious in order to protect their own interests.