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What happens if my rental property is abandoned?
Under The Renting Homes (Wales) Act 2016 – which came into effect on 1st December 2022 – it is much easier to repossess your rental property if you discover that it has been abandoned by your contract holder. Find out how to deal with this situation.
What happens if my rental property is abandoned?
Under The Renting Homes (Wales) Act 2016 – which came into effect on 1st December 2022 – it is much easier to repossess your rental property if you discover that it has been abandoned by your contract holder.
The Act makes it easier to regain ownership of your rental property if you believe the contract holder has abandoned it. You must still conduct investigations to confirm that the property has been abandoned, but if it has, you can merely serve a four-week notice before reclaiming possession.
You must confirm that the contract holder has definitely abandoned the property; even if they have been absent from their home for several days or weeks, you cannot assume that they have abandoned it; there may be another explanation.
As with other notices under The Act, it would suffice to post the warning notice to your rental property for the attention of the contract holder. If they have requested to receive correspondence electronically, you should also send the letter to them in this format.
Ensure that you are documenting every step of your investigation in case you need to present your proof later. If you are found to have incorrectly assumed, you may be required to prove your case in court.
- To notify your contract holder of your decision to terminate an occupation contract owing to abandonment, you must complete the prescribed form RHW27.
- The warning period begins when the notification (RHW27) is issued and lasts for four weeks.
- You must explain why you believe the contract holder has abandoned the residence.
- You must notify the contract holder that he or she must contact you in writing before the end of the “warning period” in order to certify that the home has not been abandoned.
- If the contract holder fails to do so, you can indicate that you will terminate the agreement.
- You do not need to present in court to obtain a court order.
