The issue of surrendering a tenancy is often a grey area for landlords. When a tenant wishes to expressly surrender or terminate their tenancy, the circumstances must make it inequitable for either the landlord or the tenant to dispute the end of the tenancy.
For surrender to be effective, the tenant's conduct must indicate a clear intention to no longer continue the tenancy. The most obvious action would be for the tenant to return the keys, whether in person, by post, or by leaving them in the property. However, mere abandonment of the property by the tenant does not legally terminate the tenancy.
Our Case of MH v MF and CH
Duncan Lewis Housing team are currently representing client MH, in a case of unlawful eviction. In this matter MH held an assured shorthold tenancy for a property owned by his landlord, MF, and managed by a housing management company, CH.
On 19 November 2023, after returning to the property following a brief absence, MH found that CH had placed an ‘abandonment notice' on his door, changed the locks, and retaken possession of the property. All of his belongings were still inside.
Over the following days, MH's mother made repeated attempts on his behalf to regain access and retrieve his possessions. It was not until 19 December 2023 that arrangements were made for MH to collect his belongings, many of which were damaged or missing.
On 22 December 2023 and 29 January 2024, our team sent a Pre-Action Letter to CH concerning the unlawful eviction, seeking reinstatement of the tenancy and damages.
Legal Action and Defence
MH subsequently brought claims for statutory unlawful eviction, trespass, breach of covenant, and conversion of goods. In response, CH filed a defence, arguing that they believed MH had abandoned the property, citing its poor condition as evidence. However, at an early interim injunction hearing, it was revealed that the property had already been re-let.
We applied for a strike-out/summary judgment, arguing that perceived abandonment does not, in itself, terminate a tenancy.
In this case, MF and CH's defence failed to provide any evidence of unequivocal conduct that would suggest MH had surrendered the tenancy. Their reliance on the abandonment notice and the passage of time as justification for retaking possession was insufficient.
At the summary judgment hearing, we successfully struck out the defence, and summary judgment was granted on all causes of action. It was ruled that the defence lacked any reasonable grounds, and there was no realistic prospect of MF and CH proving that the tenancy had been surrendered. The poor condition of the property, likely attributable to MH's declining mental health, was deemed irrelevant. MF and CH have sought permission to appeal.
Lessons for Landlords
This case highlights the importance of caution when determining whether a tenant has abandoned a property. The requirement for unequivocal conduct that is inconsistent with the continuation of the tenancy sets a high bar, as the threshold for such conduct is significant.
An objective belief that the tenant has abandoned the property, even if supported by an abandonment notice, is not sufficient to terminate a tenancy. Landlords must be vigilant and ensure they have clear and unambiguous evidence of surrender before taking possession of a property, or they risk serious legal consequences.
In conclusion, landlords must remember that tenancy agreements are robust legal instruments, and the actions taken must meet stringent legal standards before they can claim a tenancy has been surrendered or abandoned. Failure to do so can result in substantial liability for unlawful eviction.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
