What happens if your resident ends up in prison?

A surprising number of people in the UK do rent property while navigating tough circumstances. In fact, according to Ministry of Justice stats, over 80,000 people are in UK prisons, and research suggests that at least 1 in 10 had a private rental tenancy at the time of
sentencing.

Let’s bust the biggest myth first: a prison sentence doesn’t mean the tenancy is over.

The agreement is still legally binding. That means:

• Rent is still due (even if it’s unlikely to be paid).
• The owner still has their legal duties (like gas safety checks and repairs).
• And crucially – you can’t just change the locks.

Even if the tenant is sentenced for something serious, you must follow the right legal channels. Skip that step, and you could find yourself being charged with unlawful eviction which is a criminal offence. And no one wants to explain that one in court!

The first thing you need to do is find the authorised representative usually a family member. This way you have a possible means of obtaining a deed of surrender, which will set out:

• When the tenancy ends.
• What’s happening with the keys and your residents’ belongings.
• Any outstanding rent or cleaning costs.

This is the best and cleanest way of ending the tenancy. Always remember – possession is the main aim.

What do you do if your resident doesn’t answer you or refuses to leave?

You have no option – you must go legal.

• Section 21 Notice – if you’re outside a fixed term or within notice rights.
• Section 8 Notice – if rent isn’t being paid or the property’s being misused.
• Then: court proceedings → possession order → bailiffs if needed.

What about the rent?

This is where it gets tricky.

If your resident is on Universal Credit or Housing Benefit, those payments might continue for up to 13 weeks – but only if they’re expected to return home. Also if they are in prison the paid benefit may well be claimed back by the government. You also need to keep an eye out for tenants applying for Debt Respite (Breathing Space). If they qualify, you cannot serve eviction notices for debt during this time.

What if your resident has left their belongings in the property?

Firstly, until the tenancy is ended you must be aware that you can do nothing. To stay the right side of the law you are still obligated to obtain permission to gain access to the property. Even when the tenancy ends, you cannot dump what is left.

If you do, you have just broken the Torts (Interference with Goods) Act 1977. The biggy here is the value of the property, and this is where owners can get caught out.

You need to:

• Serve a notice under Section 12, Section 13 and Schedule 1 of the Torts (Interference with Goods) Act 1977, providing the former resident, with a specified reasonable period stipulated in the notice to collect the goods. This notice must set out contact details, a description of the goods and a reasonable period in which the bailor must collect their goods.
• Store belongings securely.
• Only after a reasonable period can items be sold or disposed of – and any money raised must be accounted for.

It’s paperwork-heavy, yes. But it’s protection if the tenant later complains.

Does the Renters’ Rights Bill make it easier?

The upcoming Renters’ Rights Bill makes it clear: you can’t evict someone just because they’re in prison.

However, if the resident:

• Commits a crime involving the property (e.g. drug dealing).
• Falls into rent arrears.
• Sublets without permission.

Then these could be grounds for eviction – as long as proper procedure is followed.

Let’s wrap it up – our top tips

• Don’t assume a prison sentence ends a tenancy.
• Try for a Deed of Surrender – clean, fast, and legal.
• Reach out to the tenant or their representative.
• Follow all the correct legal steps – avoid costly mistakes.
• Document everything – especially when dealing with belongings.

Final word

Going through this type of situation might feel daunting, but you’re not alone. With the right advice (and a cool head), you can protect your property and stay on the right side of the law. If you are concerned about any mentioned here book a call with me.