If the former tenant's address is known

we need to serve what we call a section 41 notice on them.  This gives the owner of the belongings a month from the date of the notice to collect their belongings, and, if not collected by that date the Council will then own the belongings and can legally dispose of them.  An accompanying letter can also say where the belongings can be collected from and what the storage charge is.

The section 41 notice must state:

• that Camden requires the former tenant to collect the property by a date specified in the notice;
• that if he does not do so the property will vest in Camden on that date;
• if he fails to comply with the notice, the property shall vest in the local authority on a specified date.The date to be specified in the notice must not be less than 1 month from the date of the notice.

If the former tenant's new address is not known

the NHO will need to make all reasonable enquiries as to where the former tenant is living and keep a record of these enquiries on TRIM. If an address is found a section 41 notice should be served on their new address. If their new address is not known then the goods must be stored for six months.

If the tenant was evicted

and the appropriate wording was inserted into their eviction letter  then we only need store for 1 month after their eviction date as legally they were given notice (as a guide, the wording was introduced 20 April 2012).

• Most belongings will fall into the above categories. Where this is not the case, for instance where information is received that belongings left behind belong to someone other than the vacating tenant, further advice must be sought from Legal Services.
• You will probably need to ask the storage contractor for a cost for disposal as this depends on the weight of belongings stored.