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Removal of former tenants' belongings

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.

  • After we have possession of a void the NHO generally will carry out an initial visit. At the visit the NHO will normally know if we already have permission to dispose of any belongings found in the property. 
  • If we don’t have permission it is a good idea to record items left behind, both for our own purposes and to help the storage contactors if we need to store anything.
  • To do this, ideally do one of two things:
  1. take a full inventory of what has been left behind, or, as a minimum;
  2. take photographs of what has been left in each room with an inventory taken of those items of more value (see  below).
  • It is best not to rely on a storage contractor’s inventory as, if a claim is made by a former occupant against us, it is up to the Council to provide evidence.
  • The only items that should be disposed of are those that couldn’t be stored because they were perishable, or would be hazardous or unreasonably expensive to store. In the event of a claim we would need evidence to back up this decision (photographs and a description on an inventory or photographs on file for example). Guidance can be sought from managers or from legal.
  • Even if we have permission to dispose of belongings, should any small items of high value be found whilst carrying out the inspection such as;
    - cash;
    - jewellery;
    - bank account books, cheque books, credit and debit cards;
    - documents such as passports, birth certificates.
    these items should also be inventoried and then removed and put into a safe place. Further Legal advice should be sought if it is needed.
  • No items should be removed for personal use, no matter how small in size or value.
  • Records should be scanned to the former tenant’s file.

Last updated: 28 April 2023