Section 61 — Residential Tenancies Act 1986: Abandonment of premises

61 Abandonment of premises (1) On the application of the landlord, the Tribunal may make an order terminating a tenancy where it is satisfied that the tenant has abandoned the premises and the rent is in arrear. (2) Where the Tribunal makes an order under subsection (1) of this section in respect of a periodic tenancy, it shall determine, as best it can on the evidence before it, the date on which the landlord first became aware, or ought reasonably to have become aware, that the tenant had abandoned the premises, and shall specify that date in the order. (3) A tenant who abandons the premises shall, notwithstanding any rule of law to the contrary, be liable to pay the rent for any period up to and including, but not after, the following date: (a) In the case of a periodic tenancy,— (i) The date of the expiry of the period of 21 days after the date specified by the Tribunal under subsection (2) of this section; or (ii) The date of commencement of a new tenancy of the premises,— whichever is the earlier: (b) In the case of a fixed-term tenancy,— (i) The date of the expiry of the term; or (ii) The date of commencement of a new tenancy of the premises,— whichever is the earlier. (4) Nothing in section 49 of this Act shall impose upon the landlord any obligation, on finding that the tenant has abandoned the premises, to make an application under this section or to grant a new tenancy of the premises.