Regaining Possession > Notice to Vacate Where Person Living in Premises after Tenant Abandoned Property
In the situation where another person remains on the premises after a tenant has abandoned the property, the presence of the other person will affect the possibility of the landlord being able to rent the property out again. A landlord may therefore serve the person with a Notice to Vacate. The notice must give the person at least 48 hours to leave the property from the time the notice is served.
The notice must be written, signed by a landlord or his agent, and set out the date and time by which the person must leave the premises.
Depending upon the circumstances, a landlord might also be in a position to take legal action against the original tenant for unpaid rent or for damages for breach of the tenancy agreement.
If a landlord wants to make a new tenancy agreement with the person living in the premises, it is a good idea to make sure that the tenant who abandoned the premises cannot come back. A landlord can end the previous tenancy formally by posting a notice of termination to the first tenant before commencing the new tenancy. The notice required would be one for fourteen days or 24 hours depending upon the circumstances.
May 2005