Lets Process in brief

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Lets Process is a unique management program for landlords, letting agents and local authorities in the UK. For more information please see Lets Process Explained.

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5.16 Abandonment

Although a landlord can re-take possession if it is obvious that the tenant has abandoned the property, in most cases the landlord will need to obtain an order from the court. Evicting a tenant without a court order is a criminal offence (with very few exceptions) as detailed earlier.

 

If a tenant ceases to occupy an assured shorthold tenancy as their only or principle home (i.e. abandons the property and lives elsewhere), without more, the tenancy does not end – it simply ceases to be an assured shorthold tenancy and becomes a contractual tenancy.

 

As a tenancy remains in force, a court order is required.

 

When debating if there is abandonment, the question is not “is somebody living here?” – the correct question to ask is “does the tenant intend to return at some future date?”

 

 

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