POLICY
Housing
Disposal of Residents Personal Effects
Version
1.0
Date
Reason for change
Authorised by
September New Policy
Yvonne Anderson Head of
2014
Operations
Author: Heather Grant
Owner: Operations Director
Review Date:
September 2017
CONTENTS
Page
1.
2.
3.
4.
5.
5.1
5.3
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.17
5.18
6.
7.
8.
PURPOSE
SCOPE
RESPONSIBILITIES
POLICY STATEMENT
POLICY DETAIL
Advice to Residents – End of Tenancy
Advice to Residents – Management of Communal Areas
Action to remove personal effects at the end of a
tenancy/licence
Action to remove personal effects/items from Internal
Communal Areas
Immediate Risk items
Minimal Risk items
Personal Information/documents
Mobility Vehicles
Removal Action
Storage, Recovery and Disposal of items
Action to remove personal effects/items from External
Communal Areas
Immediate Risk Items
Minimal Risk Items
Untaxed and Abandoned vehicles
Rubbish and Fly Tipping
MONITORING AND REVIEW
LINKS WITH OTHER POLICIES
COMMUNIACTION AND REVIEW PROCESS
2
2
2
2
3
3
3
4
6
6
6
7
7
7
7
8
8
9
9
9
9
10
10
Page 1 of 17
9.
10.
11.
FEEDBACK
CONFIDENTIALITY AND ACCESS TO INFORMATION
APPENDICES
10
10
10
1.
PURPOSE
1.1
This policy concerns the actions that First Wessex (FW) will take to dispose
of residents’ personal effects in the following circumstances ;
1.
At the end of a tenancy where prior written notice has been
received by the tenant(s) or their next of kin;
2.
At the end of a tenancy where the tenant has been evicted by FW;
3.
At the end of a tenancy following abandonment of the property by
the tenant(s) (Abandonment Policy refers) ;
4.
Where personal effects and other items are found and not
removed from the internal and/or external communal areas of
FW’s housing estates
2.
SCOPE
2.1
This policy applies generally to all FW residents. Different arrangements
may exist however for the disposal of residents’ personal effects where
FW is a leaseholder of a property or where FW is the managing agent on
behalf of another landlord.
3.
RESPONSIBILITIES
3.1
The Operations Director and Heads of Operations have overall
responsibility for this policy with implementation being the responsibility
of the Neighbourhood Services Managers, Neighbourhood Services Team
Leaders and Neighbourhood Managers.
4.
POLICY STATEMENT
4.1
Ensuring that the length of time homes are vacant is kept to an absolute
minimum is a priority for FW both to minimise rental loss and to maximise
rental income and to make the best of the housing stock for those in
housing need.
4.2
Residents’ personal effects in a property at the end of a tenancy can
significantly extend the time before the home can be relet. FW will
Page 2 of 17
therefore take swift action to remove personal effects in these
circumstances. FW may also arrange for belongings to be collected or
returned to former residents and in some circumstances arrange
temporary storage of personal effects. FW will seek to minimise storage
and/or removal costs for which a charge will be made. FW may also seek
to recoup any rent lost as a result of FW being unable to relet the
property.
4.3
Clearing personal effects and other items from internal and external
communal areas is an important factor to ensure homes are well
maintained and free from Health & Safety hazards and that potential risks
are highlighted and managed. Neighbourhood Management Policy refers.
4.4
FW carries out regular inspections of all its housing estates and where
personal effects are seen in external and internal communal areas, action
will be taken to ensure, where possible, items are removed by the owner
or alternatively items will be removed by FW. Items of value may be
stored for a short period to give the owner an opportunity to reclaim
them. A charge for the return of individual items will be made.
4.5
Any costs incurred by FW in keeping internal and external communal
areas clear of residents personal effects, abandoned items and rubbish
that cannot be recovered form individuals will be recharged to residents
as part of their service charge. Rent and Service Charges Policy refers.
4.6
FW seeks to record details of an emergency contact person (not a
member of the tenant’s or licensee’s household) when signing a new
tenancy or licence agreement. FW may contact the emergency person
where it has not been possible to contact the tenant or licensee directly to
discuss the removal or return of their personal effects.
5.
POLICY DETAIL
5.1
Advice to Residents – End of Tenancy
FW’s tenancy and licence agreements require residents to ensure that
their home (and any outside areas and stores) is cleared of all personal
effects and rubbish at the end of the tenancy or licence period. In the
current agreements residents are further advised that if they fail to clear
the property they will be responsible for meeting FW’s reasonable
expenses in doing so and any rent lost as a result of FW being unable to
relet the property. Section 5 (Part 9) of the current FW Assured Tenancy
Agreement refers and is attached as Appendix 1.
5.2
Where a resident gives notice to end their tenancy or licence agreement
with FW or alternatively FW obtains an eviction order against a tenant or
licensee, FW will advise the tenant or licensee of the requirement to clear
Page 3 of 17
the property of all personal effects and the consequences of not doing so.
Where personal effects remain in a property FW will take action to
remove them, see 5.5 below.
5.3
Advice to Residents – Management of Communal Areas
FW’s tenancy and licence agreements include the requirements for
residents not to leave personal effects in communal areas, not to allow
pets to foul communal areas and to dispose of rubbish in the refuse areas
provided removing any bulky refuse items themselves that will not be
collected by the local authority refuse collectors. Section 3 (Part 5) of the
current Assured Tenancy Agreement refers and is attached as Appendix 2.
5.4
Residents who breach these requirements will be reminded of their
obligations and where possible given opportunity to remedy the situation.
Formal action may be taken against persistent offenders. Where personal
effects remain in communal areas FW will take action to remove them, see
5.6 below.
5.5
Action to remove personal effects at the end of a tenancy/licence
5.5.1 End of Tenancy/License Agreement - Notice Received
Where notice has been received in writing to end the tenancy/license by
the tenant/licensee or their next of kin the following action will be taken; 1. FW will remind outgoing residents in writing of their obligations to clear
the property of all their personal effects and confirm that failure to do so
will mean that FW will clear the property of any remaining items and
dispose of them and furthermore the outgoing resident will be charged
for all the costs FW incurs in clearing the property.
2. In circumstances where the outgoing resident appears to have simply
overlooked removing some of their personal belongings effort will be
made to contact the outgoing resident and arrangements made for the
resident to collect and remove their belongings within 2 working days of
notification being given.
3. With the exception of rubbish and food items, where belongings
remain the following action will be taken;(i). Where items remain in a property that can be clearly identified (i.e.
without the need to unpack) a room by room inventory of the items will
be taken (with photographic evidence) by two members of staff noting
condition and age. Where the value of items is considered to be less than
the cost of removing the items to storage the items will be destroyed.
Where the value of items is considered to be more than the cost of
Page 4 of 17
removing the items to storage, with the agreement of the Neighbourhood
Services Manager or Neighbourhood Services Team Leader, the items will
be removed to storage for a maximum period of 28 days and the
procedure for returning items to residents detailed in (iii) below followed.
(ii) Where a number of items remain in a property that cannot be clearly
identified (I.e. without the need to move things) a general room by room
inventory will be taken (with photographic evidence) by two members of
staff noting condition and age. Items will be removed to storage, with the
agreement of the Neighbourhood Services Manager or Neighbourhood
Services Team Leader, for a maximum period of 28 days.
(iii) Where items are placed in storage reasonable effort will be made to
contact the former tenant/licensee to advise them that their belongings
are awaiting their collection and they will be expected to meet the cost of
removals and storage. Where items remain in storage after a period of 21
days a final letter (where practical) will be sent to the former
tenant/licensee advising that if the items are not removed within 7 days
they will be destroyed.
5.5.2 End of Tenancy/License - Eviction
1. FW will remind residents facing eviction, in writing, of their obligations to
clear the property of all their personal effects and confirm that failure to
do so will mean that FW will dispose of any remaining items and
furthermore the outgoing resident will be charged for all the costs FW
incurs in clearing the property
2. Where personal effects remain in a property following an eviction and the
resident is not present the process outlined in 5.5.1 will be followed.
3. Where the resident is present at an eviction and they have failed to clear
the property the following action will be taken:1. Resident will be given reasonable time to remove essential items
2. Where the resident still wishes to remove their belongings an
appointment will be made for them to return to the property
(providing this is within 2 working days of the eviction taking place)
when the resident will be given reasonable opportunity to remove
their belongings whilst a member of FW staff is present.
Page 5 of 17
3. Where the resident is agreeable to some or all of their remaining
belongings being disposed of they will be required to sign a form
agreeing to this action taking place.
4. Where appropriate residents will be advised to contact the local
authority for advice/support regarding securing alternative
accommodation and storage for their belongings following an
eviction.
5.5.3 End of Tenancy/License – Abandonment
1. Where a resident is considered to have abandoned their home
(Abandonment Policy refers) FW will include written confirmation when
the Notice to Quit is served reminding the resident of their obligation to
clear the property of all their personal effects and confirm that failure to
do so will mean that FW will dispose of any remaining items and
furthermore the outgoing resident will be charged for all the costs FW
incurs in clearing the property.
2. Where personal effects remain in a property following abandonment the
process outlined in 5.5.1 will be followed with the following exception.
3. On entering the property should it be furnished ‘as though the resident is
still living there’ and subject to consideration of any other evidence to
suggest that the resident has moved away, Option 3 of the Abandonment
Policy will be followed and a possession order obtained from the court to
include an order that the personal effects remaining in the property can
be disposed of by FW.
5.6
Action to remove personal effects/items from Internal Communal Areas
To ensure the safety of residents FW has adopted a zero tolerance
approach to the storage of any items in an internal communal area. FW
therefore requires all internal communal areas including for example the
corridors to flats, under stairs areas, lobbies and lifts to be kept free from
any obstructions, slip or trip hazards and combustible materials. When
carrying out regular Fire Risk Inspections (FRI) or visiting estates generally
items found in internal communal areas will be identified by staff as either
(i)
Immediate Risk or
(ii)
Minimal Risk
Page 6 of 17
5.7 Immediate Risk Items
An item considered to be an immediate risk is an item that is combustible
or blocking a fire exit or one that may cause an obstruction in a communal
area whilst trying to escape or evacuate a building in the event of fire, some
examples include ;
Upholstered furniture, e.g. mattresses, sofas, settees, armchairs or similar

Motorcycles, mowers or any other equipment that may contain petrol and
other fuels

Batteries on charge, either on their own or part of a mobility vehicle that
is being charged (see 5.10 below)

Chemicals, gas containers, flammable liquids, fuels

Any item which poses an obstruction (because of its size to others trying
to get past)
Any immediate risk item will be reported without delay to the Neighbourhood
Manager or in their absence the Neighbourhood Management Team Leader
or Neighbourhood Services Manager who will arrange for removal of the item
see 5.11 below.
5.8 Minimal risk items
 Cycles (non motorised) in communal areas that are not causing
obstruction
 Prams and pushchairs not causing an obstruction
 Metal storage cabinets
 Small items which may take some time to combust, e.g. plant pots.
Any minimal risk item will be reported without delay to the Neighbourhood
Manager for removal of the item see 5.11 below.
5.9 Personal Information/documents
Where personal information/documents are found e.g. passports, bank
records, driving licences, reasonable effort will be made to return the
documents to the issuing organisation other personal documents will be
destroyed.
5.10 Mobility Vehicles
FW will not permit MVs to be stored and/or charged within internal
corridors of both general needs housing schemes or sheltered housing
schemes due to the impact on other residents and the Health and Safety
Page 7 of 17
(Fire) Risk. Staff are however required to follow the Mobility Vehicle Policy
not this policy to ensure a MV is removed and or ceases to be charged in
an internal corridor. However where it becomes necessary to remove a MV
the storage, recovery and disposal process outlines in 5.12 below will be
followed.
5.11 Removal Action
5.11.1 Where the owner of an item is known and they can be contacted they will
be asked to move it immediately either into their own home or to an
alternative place of storage. If the owner is not known then a notice
indicating the level of risk the item presents will be completed and attached
to the item. Notices will NOT be placed on Mobility Vehicles however see
5.10 above. Examples of notices are included as Appendix 3.
5.11.2 Items that have been identified as an immediate risk will be moved on the
same working day and usually be disposed of however exceptionally and
with the agreement of the Neighbourhood Services Manager or
Neighbourhood Services Team Leader items of significant value may be
taken to the FW local storage area. The item(s) that is to be removed will
be photographed and a record taken including a brief description of the
item and its condition prior to its removal.
5.11.3 Where an item is considered to be a minimal risk staff will wait for a period
of 5 working days from attaching the notice to arranging for the item(s)
removal as detailed above.
5.12 Storage, Recovery and Disposal of Items – Communal Areas
5.12.1 Letters to Residents
Where an item is placed in storage and the owner of the item is known a
letter (Appendix 3 refers) will be sent to them advising them that that the
item is in storage and asking for them to arrange immediate collection.
Where the owner of an item is not known a standard letter will be sent to
all the residents in the block where the item has been removed from to
give opportunity for ownership to be claimed.
5.12.2 Returning Items
Where a residents asks for the return of their goods from storage they are
required to;-
Page 8 of 17
(i)
Where the goods were removed from a property and staff are
unable to confirm the identification of the former tenant/licensee
the resident will be required to provide proof themselves
(ii)
Where an item has ben removed from a communal area the
resident will be required to prove ownership of the item (e.g. a
receipt of purchase) or reasonably establish ownership of an item
where no documentary evidence can be provided, written
confirmation that they are the owner of the item will also be
required
(iii)
Pay in advance a charge of £50 for the return of the item
(iv)
Where an item was removed from a communal area confirm that
the item will not be returned to the communal area
(v)
Once payment has been received the item will be returned within 5
working days
(vi)
In exceptional circumstances an agreement to pay the charge after
the item has been returned may be made
5.12.3 Storage of items
Items that have been removed will be stored for a period of 28 Days. If
there has not been any contact after 21 days another letter will be sent to
the tenant(s)/block to say that the item will be disposed of.
5.12.4 Disposal of items
If items are unclaimed after the 28 day period of time the items will be
disposed of.
5.13 Action to remove personal effects/items from External Communal Areas
When carrying out regular inspections or visiting estates generally, items
found in external communal areas e.g. communal gardens, amenity areas,
garage compounds, play areas will be identified by staff as either
(i)
Immediate Risk or
(ii)
Minimal Risk
In some instances belongings may have been discarded because they are
of no further use e.g. old furniture or in others may still be required by
residents e.g. children’s play equipment.
Page 9 of 17
5.14 Immediate Risk Items
Examples of immediate risk items include; Fridges/Freezers
 Paddling/Swimming Pools
 Chemicals, gas containers, flammable liquids, fuels
 Hazardous waste
Any immediate risk item will be reported without delay to the
Neighbourhood Manager or in their absence the Neighbourhood Team
Leader or Neighbourhood Services Manager.
5.15 Minimal risk

Cycles

Children’s Play Equipment

Prams and pushchairs
Any minimal risk item will be reported without delay to the Neighbourhood
Manager
5.16 The same procedure for removing items found in internal communal areas
as outlined in 5.11 above will be followed for removing items from external
communal areas.
5.17 Untaxed and Abandoned Vehicles
This policy does not apply to the removal of untaxed and Abandoned
Vehicles on estates, Neighbourhood Management Policy and Abandoned
Vehicles Procedure refers.
5.18 Rubbish and Fly Tipping
Residents are required to remove their own rubbish and dispose of it
promptly. However, where necessary, FW will remove rubbish from external
and internal communal areas in the interest of estate cleanliness. Residents
will be recharged for this service by means of their service charge. Rent and
Service Charges Policy refers. FW will take action in partnership with the
relevant local authority to minimise fly tipping on estates. Neighbourhood
Management Policy refers. Where there is evidence that a specific resident
Page 10 of 17
is not disposing of rubbish correctly action will be taken against the resident
for a breach of tenancy conditions.
6.
MONITORING AND REVIEW
This policy will be formally reviewed at least every three years or earlier, if
required, for example in the event of legislative or regulative changes or
changes in the needs of the organisation.
7.
LINKS WITH OTHER POLICIES







Abandonment Policy
Rent and Service Charges Policy
Neighbourhood Management Policy
Mobility Vehicles Policy
Access to Personal Information
Complaints Compliments Suggestions Policy
Data Protection Policy
8.
COMMUNICATION AND REVIEW PROCESS
8.1
The adoption of this Policy will be notified to staff. A copy will also be
placed on the intranet within the central index of Policies and Procedures.
9.
FEEDBACK
First Wessex welcomes feedback from customers that highlight where
things have gone well, may not have met customer expectation or where
things could have been done differently. Feedback will be managed
through the Complaints, Compliments and Suggestions policy.
Any dissatisfaction solely with the fairness of this policy, but where the
policy has been executed correctly, can not be considered as a complaint
but will be registered as policy feedback and incorporated into the policy
review process.
10.
CONFIDENTIALITY AND ACCESS TO INFORMATION
10.1
FW holds personal details of applicants and tenants through application
forms, home visits, and information on nominees from Local Authorities
Page 11 of 17
and general correspondence which is kept entirely confidential. These are
dealt with in line with the Data Protection Act 1998.
10.2
If any person wishes to inspect the information held on file, they may do
so by appointment during normal working hours (Monday to Thursday
8.30am to 5.00pm and Friday 8.30am to 4.30pm). Appointments will be
made within one month of the request and no charge is made for this
access. Data Protection and Confidentiality Policy applies.
11.
APPENDICIES
Appendix 1 – Section 5 (Part 9) Assured tenancy Agreement
Appendix 2 – Section 3 (Part 5) Assured tenancy Agreement
Appendix 3 – Notice items left in communal areas
Appendix 1
Extract from First Wessex Assured Tenancy Agreement
Part 9
5.
Moving Out
(i)
You must leave your home empty when you move out. This means that
you must:
(a)
(b)
(c)
(d)
(e)
(ii)
give us all the keys to the Property and any other facilities that you
hold;
ensure no-one is left in the Property;
remove all furniture, personal belongings, animals and rubbish;
empty any garages or sheds that you rent or use, and
give us any key or card used to access gas and electricity at the
Property if there is a pre-payment meter installed.
If you do not clear the Property in accordance with Clauses 5(i)(c) and
5(i)(d) above, you will be responsible for meeting First Wessex’s
reasonable expenses in doing so and any rent lost as a result of First
Wessex being unable to re-let the Property.
Page 12 of 17
(iii)
You must also leave your home in the same condition (excepting fair wear
and tear) as it was at the start of your Tenancy. If you do not, First Wessex
may seek to charge you for any reasonable expenses incurred in putting
the Property back to the condition it was when you first moved in.
(iv)
Where you fail to remove your property and possessions from the
Property at the end of the Tenancy, First Wessex shall after taking
reasonable steps to contact you and arrange collection of such
belongings, be entitled to dispose of or sell those possessions.
(v)
First Wessex will be entitled to deduct the reasonable costs of sale from
the
proceeds and will account to you for any proceeds
that are left over.
(vi)
If you owe First Wessex anything whether under the terms of this Tenancy
Agreement or otherwise we can off set the proceeds of sale against your
debt to us.
(vii)
If you do not collect any left over proceeds owed to you within 4 weeks of
First Wessex notifying you of the sale or where First Wessex cannot after
reasonable efforts find you then we may apply such proceeds to a charity
of our choice.
(viii)
You must return all sets of keys to the Property, garages, stores and keys
or other devices for accessing communal entrances by 12 noon on the
Monday on which the Tenancy ends. If you do not, First Wessex may seek
to charge you for any reasonable expenses incurred in gaining entry to
and securing the Property.
Page 13 of 17
Appendix 2
Extract from First Wessex Assured Tenancy Agreement
Part 5 – Your responsibilities/ obligations to your home
(and communal or shared areas, w here applicable)
3.
Common Parts
(i)
You, and/or any person residing with you or visiting the Property must keep
any communal or shared areas, yard or garden clean and tidy and free from
obstruction.
(ii)
By signing this Tenancy Agreement you agree that First Wessex has the right
to remove all items causing an obstruction or being stored in communal or
shared areas without being liable for any loss or damage to such items. If
you have not removed such items, having been given notice and reasonable
opportunity to do so, you may be charged the reasonable costs incurred by
us in removing and storing such items.
Page 14 of 17
Our ref:
Your ref:
Date:
Ask For:
Direct Dial: 02392 896710
Email:
< > @firstwessex.org
Appendix 3 (i)
Dear
RE: DISPOSAL OF ITEMS LEFT IN COMMUNAL AREA
As a responsible landlord we have a duty to assess fire risks and improve fire
safety. As a result, we have a zero tolerance policy towards obstacles or fire
hazards placed in communal areas that could be trip hazards, spread fire or
fumes, or prevent people from getting out of the building safely in an
emergency.
Page 15 of 17
On the XXXXX First Wessex removed a XXXXX from the communal area outside
your flat, in line with requirements in The Regulatory (Fire Safety) Order 2005.
Before the XXXXXX was removed prior notice was provided in the form of a
warning notice being placed on
the item, and a removal warning Our ref:
Your ref:
letter sent to you on XXXX.
Date:
The item has now been in storage Ask For:
since XXXXX, and First Wessex are Direct Dial:
now providing you with 2 weeks Fax:
notice to claim the item. If you Email:
want to claim the item back you must contact me and make a £50.00 payment, I
will then arrange for the item to be returned to you.
If you do not respond to this letter by XXXXX, then First Wessex will have no
option but to understand that you provide permission for the item to be
disposed of.
If you would like to discuss this further please email [email protected] or
alternatively you can telephone 02392 89XXXX.
Yours sincerely,
Neighbourhood Manager
Appendix 3 (ii)
Page 16 of 17
Dear Resident(s)
Removal of Goods from the Communal Area
First Wessex has today removed a ____________________ (item) from the communal
area of the block of flats.
I would like to remind all residents and visitors that First Wessex has a zero
tolerance to items being left or stored in communal areas. There should not be
any possessions including Household rubbish in black bags left in a communal
area. Item(s) left in a communal area are a Health and Safety Risk and may cause
a risk to lives in the event of a Fire.
The item(s) will be stored for 28 days, if the item(s) is. Please contact ---------------- on -------------------- to arrange for the items to be returned. Before the
goods are returned we will need to see proof of ownership of the item, this could
be a receipt for the item(s) or any identifying marks including colour make model
etc and a payment of £50 made to First Wessex, for the cost for removal, storage
and return of the item(s). Payment can be made either at the office or by
payment over the telephone using a debit card.
If the item(s) are not claimed by ----------------- then they will be disposed of by
First Wessex or sold to cover the costs of the removal and storage of the item(s).
First Wessex will make every effort to identify the owner of the item(s). Should
further incidents occur of items being left in a communal area First Wessex will
look to take tenancy enforcement action against the person where known
If you have any questions please contact the neighbourhood team on the
number above.
Yours sincerely
Neighbourhood Manager
Page 17 of 17