Removal of former tenants' belongings

As a local authority we have specific legal duties when we find belongings, whether in a flat, a shed, or on communal areas. This is different to duties for private landlords or to housing associations. The guidance here relates to when we find belongings in a residential council home but the same legal advice applies for all council owned property.

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When tenants leave belongings behind in their former homes, sheds or garages (and even communal areas) we have legal responsibilities under section 41 of the Local Government (miscellaneous provisions) Act 1982.
Other occupants’ belongings are also covered by the same legislation for example, other members of a tenant’s household, lodgers, unauthorised occupants and squatters. For the purposes of brevity here, the word “tenant” or "owner" also includes these other occupants.
For council homes it is generally the responsibility of the neighbourhood housing officer (NHO) to deal with these belongings. If the belongings were left in a shed or garage they would be the responsibility of the parking and lettings team. So, where this procedure states “NHO”, this could also refers to the parking and lettings team where applicable.

Storage carton

Last updated: 08 October 2019