If you suspect abandonment (tenant disappeared, rent unpaid, neighbours haven't seen them), proceed cautiously. Re-entering unlawfully could be illegal eviction.
Key Steps:
- Check Tenancy Agreement: Does it have an abandonment clause? (Rarely overrides legal process).
- Attempt Contact: Multiple methods (phone, email, letter, emergency contacts). Keep records.
- Visit Property: Look for signs of occupation (lights, post, belongings visible). Talk to neighbours.
- Serve Notice (Caution!): Post an 'Abandonment Notice' on the door stating your intention to secure the property after a set period (e.g., 14-28 days) if they don't contact you. This is risky and may not offer full legal protection.
- Safest Route: Formal Possession: Apply for a possession order through court/Tribunal based on grounds like rent arrears (S8/Ground 12 Scotland). This provides legal authority to regain possession.
- Securing Property: Once legally entitled (court order or very clear evidence of abandonment + notice period expired), you can secure the property. Change locks. Document property condition.
Scotland: Specific guidance exists regarding abandonment; check Shelter Scotland or Scottish Association of Landlords resources.
Never assume abandonment lightly. Getting it wrong is a serious offence.
