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Abandoned tenancies and unlawful eviction

By: Series: Letting Update Journal ; 12(2) July 2004, 15-22(4)Publication details: 2004Subject(s): Summary: Covers the rules concerning surrender and abandonment of residential tenancies and aims to assist landlords in securing and retaking possession of abandoned property in such situations. Looks at: express surrender; tenant liability to pay rent; issues involving joint tenancies; joint occupancy and remaining occupiers; evidence of surrender; and abandonment clauses. Examines further the landlord's right to enter and secure, the legal position regarding unlawful eviction and harassment and the landlord's defences against these charges, tenant personal effects and the act of taking possession. Concludes that the law provides little support to the landlord whose tenant has abandoned the property and suggests where there is reasonable doubt as to whether the tenant has permanently vacated the premises, the safest solution is to terminate the tenancy by issuing formal notice and commencing possession proceedings. Provides an example notice of intention to possess. References. Fifth article in a series on housing possession. (See also Abs67005).
Holdings
Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS68259 (Browse shelf(Opens below)) 1 Available 127527-1001

Covers the rules concerning surrender and abandonment of residential tenancies and aims to assist landlords in securing and retaking possession of abandoned property in such situations. Looks at: express surrender; tenant liability to pay rent; issues involving joint tenancies; joint occupancy and remaining occupiers; evidence of surrender; and abandonment clauses. Examines further the landlord's right to enter and secure, the legal position regarding unlawful eviction and harassment and the landlord's defences against these charges, tenant personal effects and the act of taking possession. Concludes that the law provides little support to the landlord whose tenant has abandoned the property and suggests where there is reasonable doubt as to whether the tenant has permanently vacated the premises, the safest solution is to terminate the tenancy by issuing formal notice and commencing possession proceedings. Provides an example notice of intention to possess. References. Fifth article in a series on housing possession. (See also Abs67005).