Abandonment
 See Terminations
 See Inspections

Providers can reasonably suspected abandonment when:-
 ●  Rents are more than 3 weeks in arrears AND
 ●  Renters fail to respond to phone calls, texts, letters or visits. 

 

Steps to resolve a suspected abandonment

A)  Deliver 24hr inspection notice due to "suspected abandonment"  
 Letters left at the address are legally deemed to have been read by the tenant
          

B) Make Inspection, after 24 hrs, to determine if abandoned
Abandoned properties have:-
●  No fresh food no usable bedding and no expensive portable items left
●  Neighbours or emergency contacts indicating renters have likely left
●  Mail accumulating in the letter box.

Owners must take photos to prove their property is abandoned and to prove it is in poor condition.  (A disgruntled renter could request a tribunal to object to their landlord assuming possession and subsequent charges to restore dirt, rubbish removal and damage).

   If found to be clearly "Abandoned":-

  1. Leave a possession message to advise departed renters of their broken agreement, the date the tenancy is to be terminated and that their unpaid rent plus any costs to restore the property and attend to abandoned goods will be perused through the courts.
    Letters delivered to a renter's address are deemed read in law.
     

  2. If the place needs restoring to a clean tidy condition do this and take photos, invoices and quotations to prove breaches and restoration costs for a tribunal.
     

  3. Follow process for changing renters
    See Law on what to do with abandoned goods
     

  4. Apply to tribunal for rent arrears and any restoration costs (if any) to restore the property to a reasonable rentable condition.
     

  5. After tribunal orders are made; begin debt recovery process
     

  If NOT clearly "Abandoned",  then owners must:-

  1. Leave the property alone
     

  2. Apply to the tribunal for Termination and Rent arrears
    Renters must pay rent until the tribunal hearing terminates the tenancy. This can be very costly for defaulting renters as tribunal hearings take a long time

    If successful, do not begin recovering rent arrears orders when a 2nd tribunal is needed to claim restoration, cleaning, abandoned possessions  and rubbish removal costs. (Only one judgement order is possible)
     

  3. Owners can advise tenants of a tribunal hearing for:-
     ●  Termination due to rent arrears and
     ●  Re payment of (growing) rent arrears
    And also if they can contact the landlord they can avoid growing rent costs and     restoration costs. If tenants fail to make contact rent continues to build until the tribunal eventually sits.
     

  4. After the 1st tribunal possession order is made, owners can begin  any needed restoration for the place to be ready for a new renter. These may involve costs for:-
        ●  Lost rents due to restorations
        ●  Rubbish removal
        ●  Disposal of abandoned goods
        ●  Cleaning
        ●  Repairs for tenant damage
        ●  Legal costs
    Owners  must gather photos, invoices and quotations to prove breaches and restoration costs Then they make a 2nd tribunal application to prove the departing is liable for them.
     

  5. Follow process for changing renters
     

  6. Begin the debt recovery process after 2nd tribunal issues one combined "judgement order" for costs and unpaid rents.

More

  • When Renters abandon a property, they are charged rent until possession is either assumed by the owner or ordered by a tribunal.

  • Tribunals cost abandoning tenants far more, as rents accumulate until the tribunal sits and dissolves the tenancy. This can take many weeks.

  • If renters declare to owners that they have left a property then their costs are substantially less

  • Letters delivered to a renter's address are deemed read in law.

  • See more on  "Abandonment" with Tenancy Services

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