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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.

  • When belongings have been left behind we normally have written permission from the tenant (or executor /next of kin or Social Worker) to get rid of anything left behind through their signing a notice of vacation.
  • For evictions, the full procedure suggests wording that can be added to an eviction letter (see section 2.2 of the full procedure).  Using this wording will be the equivalent of serving notice on belongings and will save you time.
  • Although normally written notice will be by the notice of vacation form, this could also be by email or letter if the keys were returned by post.
  • The times where storage will need to be considered are likely to be when a tenant  has been evicted or where a property has been abandoned and where there is no permission given by them to say that the items can be disposed of.
  • Where a shed or garage is repossessed and items are found after a forced entry has taken place, storage may also need to be considered.
Last updated: 28 April 2023