Tenants possessions left in abandoned property

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    #16
    Contact your MP asking him to push for bringing in to force the abandonment process that has been passed by parliament.

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      #17
      Originally posted by ChrisDennison View Post

      The more I think about this the more I question whether the court would be able to issue a repossession order, because you're already in possession.
      LL is in de facto possession, but the tenant still has the right to possession. A court order would remove that right and any claim of illegal eviction.

      The locks have been changed to secure the property, presumably because the original locks were defective.. It has not been re-let, so it could be argued that the LL is just protecting the property with the intention of providing the new keys when the T eventually contacts him, and does not intend to deprive the T of the property.

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        #18
        If you follow the Housing and Planning Act 2016 abandonment procedure, (even though it was never enacted), then I think you would be very unlikely to receive a prison sentence in the already unlikely event that a court would find in favour of the tenant claiming illegal eviction. The worst case scenario would therefore be a fine. I've no idea what level of fine would be typical, but you would have to weigh this against the likely loss of at least 12 months rent while you get possession through the courts. In London this would on average be just under £20k.

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          #19
          The OPs already changed the locks, so they're past any point of an abandonment procedure.

          If you wade through the slightly sensationalist article, you will see that a landlord prosecuted for illegal eviction is "typically" fined about £1000.
          https://www.independent.co.uk/busine...s-b487020.html
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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            #20
            Originally posted by jpkeates View Post
            The OPs already changed the locks, so they're past any point of an abandonment procedure.
            I'm not disputing anything regarding changing the locks........but just to clarify

            Originally posted by MR M View Post
            The property was left unsecured so the locks had to be changed.


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              #21
              It doesn't matter why you felt it necessary to change the locks (I'd have probably done the same), that you did so has consequences.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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                #22
                I did consider approaching a Tracing Agent to try to obtain the Tenant's current whereabouts or updated information about them but the feeling is that it is not worth initiating this yet as its too soon. They may not show-up as having set-up elsewhere yet or have generated updated information about themselves and the recommendation appears to be to wait for at least 6 months before instructing a trace, as this would give the best opportunity of getting a successful result.

                So then, on the basis that the property was left unsecured and the locks had to be changed and by default I am therefore in possession and to all intents and purposes the tenancy has ended as a consequence of this and despite the Tenant having left behind some of their belongings in the property, they appear to have vacated it, if I was to choose not to seek a possession order through the court and taking everything into consideration, is there anything else that I need to do or can do in the short term to protect my position going forward?

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                  #23
                  Document everything you've done and your efforts to contact the tenants.
                  I'd store the possessions for a couple of months before binning them.

                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment

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