Tenancy Management Policy May 2024

It is a requirement of a tenancy that the tenant occupies their property as their main or principal home. The Council recognise the impact that empty properties can have on the community and therefore actively encourage staff, contractors, tenants, and others to report if they suspect a property has been abandoned. Through investigating reports of abandonment, the Council can reduce the loss of rental income and the risk of disrepair and vandalism. The Council can also ensure that it is making the best use of its housing stock.

Temporary absence from the property is permissible providing that the tenant intends to return. Tenants are required to inform the Council if they intend to be absent from the property for more than six weeks. A tenant may have genuine reasons for being away from their home for a period, including periods of ill health, the need to care for another person or a period spent in custody.

The Council considers a home to be abandoned when it appears to have been left intentionally and permanently without notification, and the occupier has no intention to return and there are no other occupants living at the address.

Where a tenant has been absent for longer than 6 weeks without notification, the Council will thoroughly investigate to ensure that tenants' rights are safeguarded, and the Council is protected from legal action. To investigate the Council will:

• Attempt to contact the tenant in person, telephone or email allowing 6 weeks for a response
• Visit the property to evidence signs of abandonment
• Contact neighbours to determine when the tenant was last seen
• Check payments made to the rent account, where applicable contact Housing Benefit and Council Tax to see if there have been any reports of a change in the tenants circumstances
• Check when the last repair was reported or carried out
• Contact the next of kin or any other contacts we have available
• Contact organisations and agencies including Hospitals, Police and the Probation Service, GP, Utility Companies, Adult Social Care.

After thorough investigation, if the Council has reasonable grounds to believe that the property has been abandoned and the tenants are no longer occupying it as their main or principal home, a seven-day warning letter will be left at the property. This letter will advise that the Council believe the property has been abandoned and request the tenant to contact the Council within seven days.

When the seven days have elapsed and the Council has satisfied itself that the property has been abandoned, the Council will seek to terminate the tenancy by service of a Notice to Quit. If the Council have reason to believe the property is in danger of vandalism, gas safety or water penetration, the Council may force entry to the property to make it secure.

The Notice to Quit will be served by hand to the property and via email (where an email address is held). In addition, it will be served on the tenant directly if their whereabouts are known. The Notice to Quit will state that it is the Council's belief that the property has been abandoned, and that possession proceedings will commence on expiry of the Notice to Quit, 28 days after service.

Upon expiry of the Notice to Quit and if the tenant has failed to contact the Council to confirm they wish to reclaim occupancy, and the Council can satisfy itself that the property has been abandoned, the Council will arrange for controlled entry into the property to undertake evidence gathering. If the Council can establish the property has been largely emptied of furniture and effects, possession of the property will be taken to terminate the tenancy.

If there is any doubt, or lack of strong evidence that the tenant does not intend to return to the property as their only or principal home, the Council will seek a court order to take possession of the property. Whilst this adds time and cost, it limits any potential legal case a tenant may otherwise be able to bring against the Council. The court is likely to grant a possession order where it is satisfied that all reasonable steps were taken to contact the tenant.

When possession of the property is undertaken, the Council will photograph any possessions left in the property. All possessions found at the property deemed as a Health and Safety risk or perishable will be disposed of. The Council will serve notice under Section 41 of the Miscellaneous Goods Act 1982 giving the tenant 28 days to contact the Council and collect their possessions.

The Council will either dispose or sell unclaimed possessions after 28 days. All proceeds from the sale of possession will cover the cost of removal and storage, and any other costs arising from the abandonment of the property.

The Council will endeavour to recover any outstanding rent arrears or rechargeable costs arising from the tenant's departure from the property.