Abandonment (England) | Landlord Wants Tenant to Leave (England)

Eviction regarding 2 year tenancy

17 Jul 2017 | 3 comments

Annual Tenancy but 2 years paid in advance and fixed term ended in June 2017.

Tenany has not been at the property since last June and has tried to be traced and police are involved and it appears has gone awold and left car and some possession of not much value.

What would be the best way to acquire possession underror these circumstances?



  1. guildy

    The question is whether there’s an intention to return within a reasonable period. This one is difficult but for the time-being, we must assume there is an intention to return because (a) the keys have not been returned and (b) personal belongings are still at the property.

    Therefore, for the moment it should be assumed the tenants are still living at the property (perhaps they have gone on an extended holiday).

    A section 21 should be served. Also, if the rent becomes monthly after the term and they are two months in arrears, a section 8 should be served.

    We’re not a fan of abandonment notices because they have no legal standing except they contribute towards a defence should possession be obtained and the tenant comes back after time seeking compensation or re-entry.

    Therefore, in this particular case, it might also be worth pinning an abandonment notice to the door after the other notices have been served.

    Despite the abandonment notice, a court order must always be sought to fully obtain possession.

    • eden2011

      But the tenancy is annual so would it have to be one year notice? Similarly for the s21 how does that work? It’s is now periodic

      • guildy

        Is the rent shown as annual and doesn’t go monthly at the end of the term? If it is an annual rent, the section 21 will need to be at least 6 months in length. Because it’s a pre October 2015 tenancy, it will also need to expire the day before the rent is due so as you say, in reality it will be almost a year in length!

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