Abandonment

Abandonment is when a tenant appears to have left the rented property for good without giving proper notice, agreeing a surrender, or being lawfully evicted. Typical signs might include rent arrears, removed belongings and no response to the landlord, but none of these automatically proves legal abandonment.

In law, a tenancy does not simply “end” because a tenant has disappeared. The key question is whether the tenant has clearly given up their right to occupy. If a landlord treats a property as abandoned too quickly, for example by changing the locks or re-letting, they risk an allegation of unlawful eviction or harassment.

The Renters’ Rights Act 2025 removes the unused statutory abandonment procedure in Part 3 of the Housing and Planning Act 2016. Landlords in England can no longer rely on that regime to take back “abandoned premises” and will usually need either a clear deed of surrender from the tenant or a court order (for example using a Section 8 ground) before regaining possession.

Because abandonment is fact-sensitive and the rules are changing as the new Act is phased in, landlords and tenants should seek up-to-date legal advice before acting.