Tougher rules needed for abandoned tenancies – Propertymark

Tenant abandonment is a serious problem for landlords, who may face legal and financial risks if they try to regain possession of their property without following the correct procedures.

And that’s why Propertymark has joined forces with other housing sector stakeholders, including Property118 to urge the government to introduce stronger rules on abandonment.

In a letter to the Secretary of State for Levelling Up, Housing and Communities, Propertymark’s chief executive, Nathan Emerson, explains the challenges and costs that landlords face when a tenant leaves their property without giving notice or returning the keys.

‘Propertymark and our sector colleagues concerned about key areas’

He writes: “The first reading of the Renters (Reform) Bill in May 2023 left Propertymark, and our sector colleagues concerned about key areas affecting our members that still lack clarity.

“Abandonment of tenancies is one key issue that we believe demands greater provision in the Bill.”

He explains that an abandoned property costs the landlord income and raises insurance costs – an issue during increasing financial pressures.

Landlords also face other challenges too including looking after the tenant’s possessions and preventing the property becoming a target for vandalism and anti-social behaviour.

Mr Emerson points out that because the legal tenancy is still in place, the tenant can return to the property at any time, meaning the home cannot be re-let or occupied by anyone else.

Dealing with abandoned properties

However, he does say that there is something to learn from the approach taken in Wales for dealing with abandoned properties.

He says: “Under the Renting Homes (Wales) Act 2016, if a landlord believes their property has been abandoned, they must make efforts to contact the tenant for one month, after which they can end the tenancy.

“This approach recognises that a landlord is very unlikely to try and take back possession of a property unless they are certain that it has been abandoned, because the legal and financial risks to them are too great.”

The Housing Coalition’s letter recommends that the UK Government consider including similar provisions in its Renters (Reform) Bill.

This would lead to properties ‘currently stuck in limbo’; being unlocked and helping to boost the number homes available for rent.

Risks associated with unoccupied properties

The move would also, the letter highlights, reduce the risks associated with unoccupied properties, and give greater income security to landlords, supporting them to increase standards and keep rents fair.

Mr Emerson also offers an alternative proposal to bring into force the provisions on abandonment Under Part 3 of the Housing and Planning Act 2016.

These measures were included to allow private landlords to recover possession of abandoned residential properties more easily, but they have not yet been enacted.

The Housing Coalition is made up of membership organisations for property agents and landlords, and other housing and legal professionals and campaigns for improvements in the private rented sector.

Editor’s note: Property118 has taken a look at the issue of how empty homes affect the housing crisis.

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