Part 3 of Housing & Planning Act 2016 (Recovering Abandoned Premises)

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    Part 3 of Housing & Planning Act 2016 (Recovering Abandoned Premises)

    Does anyone know when these provisions are going to come into force?

    http://www.legislation.gov.uk/ukpga/...acted/data.pdf

    Formally ending tenancies where tenants have 'probably' abandoned their tenancies are the cause of too many possession claims, with all the delay and expense that they represent.

    It occurs to me that LLs following the provisions of the Act in relation to giving notice of an intention to treat a tenancy as abandoned would represent 'best practice' now, even though we would still be relying on the whole range of circumstances to establish abandonment by operation of law (rather than exercising this new statutory power).

    #2
    If it is that clear that the tenant no longer resides at the property there are already ways for the landlord to end the tenancy (notice to quit or forfeiture).

    I am still not clear how this new procedure is an improvement over these.

    See: https://lettingmate.uk/blog/19-housi...doned-premises

    Comment


      #3
      The lack of a certain and risk-free process to recover when a property appears abandoned (other than the normal repossession processes) causes some anxiety.

      The new act doesn't seem to resolve that, as it stands, because the tenant can roll up and demand reinstatement if they claim they didn't receive the notices.
      Which seems to be somewhat at odds with deemed service.

      Presumably, the new legislation is being introduced to address a perceived need.
      It would be interesting to know how many landlords have actually been fined for illegal eviction if they repossessed an apparently abandoned property and they were wrong.
      My feeling is that it must be a tiny number.
      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


        #4
        Originally posted by jpkeates View Post
        The new act doesn't seem to resolve that, as it stands, because the tenant can roll up and demand reinstatement if they claim they didn't receive the notices.
        Which seems to be somewhat at odds with deemed service.
        Not if he didn't receive the notice but if he has a good reason for not having responded.

        Considering that the Act specifies exactly how to give notice when the tenant has disappeared (which is good since that's the point of this procedure) I don't think that a tenant will get very far by claiming that he never personally received the notice.

        Comment


          #5
          Hmm. But how can the landlord prove that he left or affixed notices?

          I can hear it now:

          'I know you have photos of those notices fixed to my door Mr Judge. My landlord must have crept up to the door, sellotaped the notice, photographed it, and then removed it. We were simply away in foreign parts without wifi for the last three months, so how could we pay any rent?'
          To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

          Comment


            #6
            Dear Tenant,
            this notice serves to advise that I believe you have abandoned this property and haven't paid rent, so I will retake possession in a few weeks.

            Everyone else, this is just a prank, so don't break in and steal things or set up a squat.

            Reagrds

            A Landlord.
            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


              #7
              Originally posted by JK0 View Post
              Hmm. But how can the landlord prove that he left or affixed notices?'
              You can post it, and you can send it by email, and you can even send it to any guarantor.

              I really don't think that giving the required notices is an issue.

              Comment


                #8
                I take it that nobody does know when these provisions are likely to come into effect.

                Comment


                  #9
                  Originally posted by StuartH View Post
                  I take it that nobody does know when these provisions are likely to come into effect.
                  I have read that it may be in April 2017.

                  Comment


                    #10
                    Whilst I would welcome the certainty of an Abandonment process, without having to advertise the fact to all & sundry, many Ts do not sign/return any document, even when provided with a sae.
                    They would claim 'not received', even if tattooed on their forehead.
                    What about Ts who take 3 month holidays? They can return & get T re-instated?
                    My preference may be for a new mandatory s8 abandonment clause, 14 day expiry + 14 day 'stay' if hearing attended by T or solic. so no abandonment T can expect their T to last for more than 1 cal month. I realise not infallible but there needs to be a quick turnover of abandoned properties to maintain a viable rented sector.

                    Comment

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