Abandoned premises or room

If a lessor/agent believes that a property has been abandoned, they can issue an Entry notice (Form 9) or Form R9 for rooming accommodation, allowing 24 hours notice and inspect the property to confirm it has been abandoned.

The lessor/agent must have ‘reasonable grounds’ for believing the premises has been abandoned. This could include:

  • rent has not been paid
  • a build-up of mail or newspapers in the mailbox
  • observations of neighbours or others that suggest the tenants have left the premises
  • the absence of household goods
  • gas, telephone and electricity services have been disconnected
  • the tenant does not respond to attempts to contact them

They have 2 options for ending the tenancy:

  1. they can apply to the Tribunal for an order ending the tenancy, or
  2. serve an Abandonment termination notice (Form 15). The tenancy will end 7 days after the date the notice was given, if the tenant does not apply to the tribunal to have the Abandonment termination notice set aside or inform the lessor/agent that they have not abandoned the property.

The Abandonment termination notice does not apply to rooming accommodation, where the rooming accommodation agreement ends once the rent paid has run out.

 

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