Abandonment
Another area being changed in the Renting Homes Bill is the abandonment procedure that landlords follow if they suspect a property has been abandoned. If you have ever been unfortunate enough to have this happen to you, it can be extremely tricky to follow the correct path and seek legal eviction by the court. The Welsh Government wants to make this process easier to follow so that landlord should feel safer when pursuing possession in cases of abandonment.
It is expected that the guidance will involve issuing a formal notice to the tenant (at the property you think they have abandoned), informing them of your intention to recover possession if you don’t hear from them and then giving notice to the contract holder that you are ending the contract. At this point you should be able to recover possession without ever going to court.
Again we would reiterate that this has not yet become law, so evicting for abandonment without a court order at the moment could land you in very hot water.
Your Agent Comment.
We are concerned that as this policy currently stands, landlord may have to re-house a tenant up to a year after they have recovered possession for abandonment. We believe that if a landlord has followed the Welsh Government’s own guidance on the matter, letter-by-letter, a landlord should not be liable if a tenant returns a year later claiming that they have not abandoned the property.
As the Minister produces more formal guidance, we will keep you informed about the proposals through our updates.
If you are a landlord who does not want to go through this onerous process then why not let YOUR AGENT be your agent? And let us take the hassle out of managing your property.
So what are they proposing?
The guidance aims to make it possible for landlord to end a contract and regain possession of the property, under cases of abandonment, without the need to go to court. However, you may be required to re-house the tenant should they return up to a year later and could face hefty penalties if you don’t stick to the guidance.What will you have to do?
Keeping in mind that this dose not yet apply, landlords would be expected to follow the guidance laid out by the Welsh Government. Although the exact guidance isn’t laid out, the Welsh Government has said that this will be highly comprehensive so that landlords feel confident in following the correct procedure.It is expected that the guidance will involve issuing a formal notice to the tenant (at the property you think they have abandoned), informing them of your intention to recover possession if you don’t hear from them and then giving notice to the contract holder that you are ending the contract. At this point you should be able to recover possession without ever going to court.
Again we would reiterate that this has not yet become law, so evicting for abandonment without a court order at the moment could land you in very hot water.
Your Agent Comment.
We are concerned that as this policy currently stands, landlord may have to re-house a tenant up to a year after they have recovered possession for abandonment. We believe that if a landlord has followed the Welsh Government’s own guidance on the matter, letter-by-letter, a landlord should not be liable if a tenant returns a year later claiming that they have not abandoned the property.
As the Minister produces more formal guidance, we will keep you informed about the proposals through our updates.
If you are a landlord who does not want to go through this onerous process then why not let YOUR AGENT be your agent? And let us take the hassle out of managing your property.
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