Section 8 Notice or Notice of Abandonment

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    Section 8 Notice or Notice of Abandonment

    Hi guys - I have a tenant on an AST (deposit in DPS) all managed through an agent etc as I live abroad.

    They have not paid the rent now for over 2 months

    The Agent has informed me it does not seem that the tenant has been in the property for a couple of months (however their belongings remain)

    They have spoken to the Tenant who is abroad but cannot get a commitment to pay the money, or whether the tenant is coming back.

    The Agent has advised to place a notice of abandonment in the property (so we get posession back quicker, and we don't loose any more money) however I am also looking at these online Legal firms that will send a S8 notice - then in 2 weeks start posession proceedings - seems like a simpler approach - but not sure if the tenant will return to the UK...!

    So my question is whats the advantage of the notice of abandonment over the Section 8 notice - I want the quickest route to getting my property back, but I don't want to risk the issues abandonment could cause - s8 seems simpler as its based on non-payment.

    Look forward to some ideas / thoughs / advice.

    #2
    Originally posted by Frenchiexno1 View Post
    Hi guys - I have a tenant on an AST (deposit in DPS) all managed through an agent etc as I live abroad.

    They have not paid the rent now for over 2 months

    The Agent has informed me it does not seem that the tenant has been in the property for a couple of months (however their belongings remain)

    They have spoken to the Tenant who is abroad but cannot get a commitment to pay the money, or whether the tenant is coming back.

    The Agent has advised to place a notice of abandonment in the property (so we get posession back quicker, and we don't loose any more money) however I am also looking at these online Legal firms that will send a S8 notice - then in 2 weeks start posession proceedings - seems like a simpler approach - but not sure if the tenant will return to the UK...!

    So my question is whats the advantage of the notice of abandonment over the Section 8 notice - I want the quickest route to getting my property back, but I don't want to risk the issues abandonment could cause - s8 seems simpler as its based on non-payment.

    Look forward to some ideas / thoughs / advice.
    The abandonment notice cannot be a substitute for the section 8 notice. The latter will enable you to obtain court order for possession after which you can legally enter and decide what to do about the abandoned possessions.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      So far as I know a notice of abandonment has no legal effect.

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        #4
        So I get the feel from that that the Section 8 notice is definately the way to go - I'm going to log on to one of those Law firms where they do it all for you online - seems a bit more costly but at least I know it's all being handled then.

        I'm not sure then why the Agent suggested the 'notice of abandonment' then as I guess I would still have to get a posession order with that as well.

        My feel is that the S8 means I take the property back based on 'non payment' whereas with the abandonment notice if the tenant returned then I would have to go through the S8 notice and I would have lost time in gettin rid of them.

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          #5
          Whether a tenant has abandoned premises is a question of fact; the position cannot be altered by serving a notice.

          Where a tenant who owes rent disappears and has apparently abandoned the premises a landlord is in a difficult position as he cannot be certain that the tenant has in fact abandoned the premises. Leaving belongings behind is certainly a contra-indication of an intention to abandon. The only safe way is to obtain a court order.

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