Abandoned Premises

If you have reason to believe your premises have been abandoned by your tenants, before entering the property you should apply to the Tenancy Tribunal in your state to have them declare it as abandoned.

A property is said to be abandoned if the tenant has left the property without notice of termination given by the tenant or by you. The property is not abandoned if rent is still being paid.

To support your claim you should provide sufficient evidence such as statements from witnesses, notices of disconnection of electricity, phone, photo showing a build up of mail and / or newspapers in letterbox etc.

NSW: The Consumer, Trader and Tenancy Tribunal (CTTT) must declare the premises abandoned.

QLD: Before entering the premises you must issue an Entry Notice (form 9) giving 24 hours notice. If then after inspecting the premises you believe the property has been abandoned you then must issue an Abandonment Termination Notice (form 15) or you can apply to the Queensland Civil and Administrative Tribunal (QCAT) have them declare the place abandoned. After issuing the abandonment notice the tenant has 7 days to dispute the notice. If the tenant does not dispute to the small claims tribunal within 7 days then the tenancy agreement comes to an end.

If the tenancy agreement comes to an end because an Abandonment Termination Notice (Form 15) expired, and the tenant was unable to dispute the notice in the Small Claims Tribunal for some reason, they can apply to QCAT for some compensation if they believe the Abandonment Termination Notice (Form 15) was given without reasonable grounds.

VIC: Application by a Landlord to the Victorian Civil and Administrative Tribunal

WA: If you are certain the property has been abandoned you are entitled to take possession and secure the property. If you are not certain or just to be sure you should apply to the Magistrates Court using a Court Form 12. 

NT: If the Landlord believes the premises have been abandoned they may apply to the Commissioner for an order for possession of the premises. If there is rent outstanding the Landlord may take immediate possession.
Department of Justice – Consumer Affairs

TAS: You may apply to the Magistrates Court of Tasmania for an order declaring that the property has been abandoned. If the court gives an order of abandonment, vacant possession is delivered to you from the date of the order and the tenant is liable for any loss arising from the abandonment. You are to take reasonable steps to limit the loss which might arise from abandonment and loss of rent. Rent is payable only until the time when the agreement could lawfully have been terminated.

SA: A Form 7 can be lodged to have a matter heard and determined by the Residential Tenancies tribunal. The Form 7 must be accompanied by a $35 fee.

You cannot keep any goods left behind by the tenant even if they owe money for rent.