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Abandoned Premises

As the landlord, even if you believe the premises have been abandoned and you have enough proof to back up your belief, such as witness statements, empty premises and disconnection notices, you are usually able to enter and secure the premises.

If you’re unsure, and it is recommended in all circumstances regardless, you should get legal advice first or obtain an order from the Tribunal which will provide you with legal accessibility.

If there are goods left behind, these must be saved by you in a safe location pending claim by the tenant. You cannot dispose of the goods.

You then need to provide written notice to the renter (for their nominated address or to your renter nominated party) which you have gathered the goods and in which they’re being held in protected storage and publish notice in a country distributed paper to this result. The notice should also state what costs must be deducted and when the goods will be sold.

If there is no part or complete claim and settlement by the tenant or other claim by third parties that may have a right to the property e.g. Hire or finance companies, prior to the advertised auction date, you can sell the goods by way of auction.

You’re not entitled to maintain more than your reasonable costs for entrance, removal, storage and purchase costs and must deliver the balance of monies to the renter.

With regard to any outstanding rent, the renter is responsible for the reduction of rent payable and any reasonable costs of re-letting. If you are working to recover the costs, you’re obliged to decrease the loss incurred by immediately looking for a new tenant.

If you become involved with a Situation of ‘abandoned premises’ of your property, you are well advised to seek professional advice

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