Abandonment and the Renting Homes (Wales) Act 2016

The way an ‘abandoned’ property can be recovered is different in Wales than in England. The Renting Homes (Wales) Act 2016 ('the Act') allows a landlord to recover possession of a property that has been abandoned if the landlord meets certain criteria. The steps to obtain possession are: 

1. The landlord must have served notice on the contract-holder which must include: 
   1. That the reason they intend to seek possession is because the property is abandoned; 
   2. That the contractor-holder has four weeks to inform the landlord if the property has not been abandoned; and
   3. They inform the contract-holder that they will terminate the contract at the end of the four week period if they are satisfied the property has been abandoned. 
       
2. During this four week notice period, the landlord must make necessary inquiries to confirm that the property has been abandoned. Examples of the types of inquires include:
   1. Contacting the contract-holder through all means available to them; 
   2. Writing to all known addresses of the contract-holder; and 
   3. Consulting neighbours and/or the local authority. 
       
3. If, after the four week notice period the landlord is satisfied that the property is abandoned, they must serve a notice to terminate the occupation contract. 
    
4. The contract will then end at the expiry of the second notice and the landlord can recover possession of the property. Under this Act, the landlord is not required to initiate court proceedings to obtain possession. 
    
5. If the contract-holder has left any belongings in the property, the landlord must safeguard these items for at least four weeks from the date the contract ended. This does not include any items which are perishable, of low value or those that it would be unreasonably inconvenient to safeguard. It is good practice for the landlord to keep an inventory and photographic evidence of any items safeguarded and those not. 
    
6. The contract holder can contest the possession claim for abandonment, if they apply to the court within six months of the notice to end the contract on one of the following grounds: 
   1. That they have not abandoned the property; or 
   2. That the landlord has failed to properly investigate whether the property was abandoned. 

If the court is satisfied that the either of the above grounds are met, the court may order the continuation of the occupation contract or that the landlord provides suitable alternative accommodation. 

For further information, please contact Victoria Smith or Megan Wood.