As the landlord, if you believe the premises have been abandoned and you have sufficient evidence to support your belief, including witness statements, empty premises and disconnection notices, you are normally able to enter and secure the premises.

If you are uncertain, and it is recommended in all circumstances regardless, you should obtain legal advice first or obtain an order from the Tribunal which will provide you with legal access.

If there are goods left behind, these must be stored by you in a safe place pending claim by the tenant. You cannot dispose of the goods.

You must then provide written notice to the tenant (to their nominated address or to a tenant nominated party) that you have collected the goods and where they are being held in safe storage and also publish notice in a state distributed paper to this effect. The notice must also state what costs are to be deducted and when the goods will be auctioned.

If there is no part or full claim and settlement by the tenant or other claim by third parties that may have a right to the property eg. Hire or finance companies, prior to the advertised auction date, you can sell the goods by way of public auction.

You are not entitled to keep more than your reasonable costs for entry, removal, storage and sale costs and must deliver the balance of monies to the tenant.

With regard to any unpaid rent, the tenant is liable for the loss of rent payable and any reasonable costs of re-letting. If you are seeking to recover the costs, you are obliged to minimize the loss incurred by immediately seeking a new tenant.

If you become involved with a case of 'abandoned premises' of your property, you are well advised to seek professional advice (see Important Links) before any actions.