Reform must be fair to landlords
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.
An abandoned property costs the landlord income and raises insurance costs – an even greater concern at a time of high financial pressures – plus additional challenges, such as responsibility to safeguard possessions the tenant has left and preventing the property becoming a target for vandalism and anti-social behaviour. 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.
Learn from the approach adopted in Wales
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 is has been abandoned, because the legal and financial risks to them are too great.
The Housing Coalition’s letter recommends the UK Government should consider including similar provisions in the Renters (Reform) Bill. Unlocking these properties currently stuck in limbo would help maximise the number homes available for rent, reduce the risks associated with unoccupied properties, and give greater income security to landlords, supporting them to increase standards and keep rents fair.
Other legal provisions to help address the issue
An alternative proposal would be to bring into force the provisions on abandonment Under Part 3 of the Housing and Planning Act 2016. Measures were included which would allow private landlords to recover possession of abandoned residential properties more easily, but they have not yet been enacted.
Ongoing campaigning
The Housing Coalition is made up of membership organisations for property agents and landlords, trade press and other housing and legal professionals and campaigns for improvements in the private rented sector.
