Abandonment Procedure Updated August 12

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Tenancy Sustainment Team Abandonment Procedure Updated 11/02/19 , 1 Abandonment Procedure Updated August 17

Transcript of Abandonment Procedure Updated August 12

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Abandonment Procedure Updated August 17

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CONTENTS Abandoned property flowchart ................................................................. 3 The Law: ...................................................................................................... 4 The Tenancy Conditions:........................................................................... 4 Logging an abandonment call on OHMS: ................................................ 5 Complete tenancy checks task: ................................................................ 6 1st Site Visit: ................................................................................................ 6 Further checks: .......................................................................................... 7 2ND Site Visit: .............................................................................................. 8 NTQ: ............................................................................................................ 9 Contact with Tenant: ................................................................................ 10 NTQ Expires – No contact: ...................................................................... 10 Arrange Lock Change: ............................................................................. 10 Items left in the property: ........................................................................ 10 No items in the property: ........................................................................ 11 Close call: ................................................................................................. 11 Abandoned Items general guidance ....................................................... 13 General principles .................................................................................... 13 Abandonment ............................................... Error! Bookmark not defined. Section 41 Notice: .................................................................................... 14 Entering the property ............................................................................... 14 Items to be disposed: .............................................................................. 16 What if all items are to be disposed of: .................................................. 16 Items to be stored: ................................................................................... 16 Photographs: ............................................................................................ 17 Rented items belonging to other companies: ........................................ 18 Only items to be disposed of .................................................................. 19 Former tenant wishes to collect stored items from SOLPRO: ............ 19 Stored items to be disposed of: .............................................................. 20 Extending the disposal date: ................................................................... 20 What if the former tenant/s have presented at the homeless section and have items stored with Council Housing Service? ........................ 20 Update recharge account: ....................................................................... 21 Close call: ................................................................................................. 21

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Abandoned property flowchart

Abandoned property/items

identified

Log an internal call on Process Management

Complete High level checklist

Complete OHMS Checks: • Rent account • Check tenant/occupant

details • Check tenancy status

1st Site Visit: Always remember H&S 1. If no one in leave a not in card 2. Look through the windows 3. Can you see whether the post has piled

up (do not put hand through letter box) 4. Open Bin to see if its been used recently

(where possible) 5. Speak to the neighbours

Send 1st letter giving tenant/s 7 days for them to contact Council Housing

If the tenant/s are on benefits contact

IMFIT

No contact made: If no contact is made within the 7days, complete 2nd site visit.

No contact made: send 2nd 7 day letter. If no contact complete property log form.

Once the Abandoned property log sheet is authorised, draft and serve the NTQ.

Contact Made: If contact is made within the 7 days, an appointment should be made with the tenant and monitor the tenancy.

Monitor: • Conduct site visit • Contact rents • Try to contact

tenants/emergency contact person

Once the NTQ expires (28 days). Officer to decide whether to force entry. If so, arrange a lock change. Send a letter confirming the date and time of the lock change.

Attend the lock change. Arrange recharge if required.

Items in property Follow abandoned items procedure

No items in property Quit property and complete a vacant proforma. Send to Vacants Repairs and Maintenance.

Close Call File all paper work

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Introduction This procedure should be used to ensure that abandoned properties are identified and dealt with appropriately and relet as soon as possible, Abandonment is the vacation of the property by the tenant without notifying Council Housing Service or Sheffield City Council. Caution should always be exercised if abandonment is suspected. In the event that a property is incorrectly repossessed Sheffield City Council may be liable to pay substantial compensation to the tenant/s. When investigating whether a property has been abandoned, details of action taken in order to ascertain the whereabouts of the tenant must be recorded on the notebook on OHMS. The Law: S79(1) of the Housing Act 1985 states: “A tenancy under which a dwelling-house is let as a separate dwelling is a secure tenancy at any time when the conditions described in sections 80 and 81 as the landlord condition and the tenant condition are satisfied.” S81 of the Housing Act states: “The tenant condition is that the tenant is an individual and occupies the dwelling-house as his only or principal home; or, where the tenancy is a joint tenancy, that each of the joint tenants is an individual and at least one of them occupies the dwelling-house as his only or principal home.” Where the tenant no longer occupies the property as their only or principal home, the tenant condition is no longer satisfied and the tenancy is no longer a secure tenancy. The Tenancy Conditions: The following extracts from ‘You and your home - conditions of tenancy’ apply to abandonment: Condition 44 You must give us at least four weeks` notice, (ending on a Monday) in writing if you want to end your tenancy. Abandonment and notice to quit: If you abandon your property Sheffield City Council will treat it as a surrender of your tenancy and Sheffield City Council may re-enter the property and relet it. You will be responsible for the rent until Sheffield City Council Housing Service accepts the surrender.

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If you do not use the property as your only or principal home Sheffield City Council may serve you with a Notice to Quit. Establishing if a property has been abandoned In establishing if a property has been abandoned staff must have regard to the welfare, safety and rights of tenants. When a house/flat is abandoned or appears to be abandoned, certain checks should be made to establish that the house is unoccupied and that the tenant(s) does not intend to occupy the house as his or her home. The checks that are most appropriate will be determined by the individual circumstances of each case. Staff should be proactive in following up initial attempts to get information. The following circumstances may indicate that a property is abandoned: Rent Arrears: No payments made for a number of weeks and/or no response to arrears letters Accumulation of post: Where you can see that there is a pile of post accumulating and has not been collected for a number of weeks. Dust bin not being used: Where it is apparent that the dust bin is not being used. (level of or no rubbish) Post returned: Where sent post is returned from the post office ‘gone away’. In person reports: Reports from other tenants and/or agencies. Warden notifies that property is not occupied: This can either be Neighbourhood Warden or Sheltered Warden. NTV Unsuccessful: If NTV visits are unsuccessful and you are unable to contact the tenants via telephone etc. On suspecting or receiving information to suggest that a property has been abandoned the housing officer should visit to investigate within 48 hours of the report. Logging an abandonment call on OHMS: Abandoned property calls: complete all required tasks on task path. You may need to bypass some, for example if the property has no items to store you would bypass the ‘recharge raised task’. Eviction calls: Log a call for all evictions that you attend, even if there are no items in the property to dispose of or store. Complete Process first task, bypass task down to task 7 ‘property cleared’.

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Log call: Select the appropriate call type: Internal, Anonymous or reporter call. On Process Management Module under call reason ‘Tenancy Management’. Choose the ‘Abandonment’ process. Complete High checklist: For all Abandonment calls logged complete the high checklist, select the relevant abandonment type. This can be updated at any time. Process first task: The process first task should be completed for each call. Complete task and enter notebook detailing all information received at that point. Complete tenancy checks task: Complete the tenancy checks task and checklist before the 1st site visit is complete. Ensure the following checks are complete:

1. Who is the tenant? 2. When did they last pay their rent? Have the Income Management

(IMFIT) applied for court action/eviction? If unsure contact IMFIT for further information, you may not need to take any further action. However always ensure the property is secure.

3. Have there been any reports of ASB?

4. Are the tenant/occupants in interim accommodation? A notebook may

be entered on Needs and/or Rents.

5. Check the repair history on OHMS to establish whether or not any repairs have been requested recently.

6. Check the housefile:

Is there any information on the file that indicates the tenant is to vacate the property?

Does the tenant have a job which is likely to involve working away for long periods of time?

7. Check for any warning codes before conducting the 1st site visit.

1st Site Visit: The 1st site visit should be completed within approximately 48 hours of receiving the report. On the site visit complete the following:

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1. Check the property from the outside to ensure the property is secure, if the property is insecure, arrangements should be made to secure it the same day.

2. If no one is in leave a Not in Card (NIC) advising any occupier to

contact the officer involved.

3. Look through the windows to check for furnishings and likely occupation.

4. Where safe to do so look though the letter box has the post piled up?

When carrying out these checks always take appropriate precautions and never push your hand through the letter box as this could result in injury. Where you are unable to see safely through the letterbox record this in your notebook entry. (see further information in Council Housing Service Guidance Note 107 – Letter Box inspections, posting letters) which can be found in Health & Safety, Housing & Environmental Guidance and Safe working Codes of Practice

5. Open the bin, has it been used recently. (Always ensure Health and

Safety).

6. Speak to the neighbours:

Have they seen them recently? When did they last see them? Is anyone using the property?

8. Could the tenant be on holiday or abroad visiting relatives? On return to the office if no contact has been made with the tenant at this visit complete the further checks below. Complete 1st Site visit task, checklist and notebook the visit in detail with all findings from the further checks. Further checks:

1. Is the tenant in receipt of Housing Benefit? If so contact Income Management & Financial Inclusion Team ( IMFIT ) via the North or South teams they will then contact Capita. Do we know if the tenant is in receipt of other benefits, for example Council Tax benefit, JSA.

2. Try to contact the next of kin and/or emergency contact person

provided at sign up.

3. If there are children, check with the education department for their attendance at local schools.

4. Check to see if the tenant/s have made a Homeless application.

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5. Contact the police to see if the tenant/s are in custody or have been reported missing.

If it is confirmed that the subject/s are in police custody this information should then be requested through a formal route as the information can then be used in case work and on Notebooks. We can only request this information if we are seeking a possession order. To request this information formally complete the disclosure of police information request form below and send to ASB&CS Team who will then have the information confirmed. https://apps.sheffield.gov.uk/HousingPlus/ASB/Police%20Information%20request%20form.doc If the tenant is traced then an appointment letter should be sent out to the tenant, this appointment is to outline the need to comply with their tenancy conditions. You should then monitor their tenancy. If the tenant/s is not traced then send the first letter to their address giving the tenant 7 days to contact you. Enter this date into your calendar as a reminder. N.B: When investigating an abandoned property it is important to consider that although the tenant is absent from their property this does not necessarily mean that it is not their only or principal home. This could be due to hospitalisation, looking after a sick friend or relative, imprisonment or working abroad, it could still be regarded as his or her only or principal home. Therefore, if the tenant still regards the property as their home and intends to return, the property is not abandoned and they still have security of tenure. No Contact: If no contact is made within the 7days visit the property again, it is good practice to conduct visits at various times of day: 2ND Site Visit: If no-one is in leave a NIC. Has anything changed? Try to speak to the neighbours again; have they seen the tenant since

the last time that you visited? When you return to the office complete the 2nd Site visit task, checklist and update the notebook. No Contact: Send the 2nd 7 day letter, if no contact is made with the tenant within 7 days of sending the 2nd letter.

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You may decide that further visits to the property are required, if further visits are conducted ensure that these are actioned and a note book is completed. Once all site visits are conducted complete an abandoned property log report form. Complete abandoned property log report: Once the abandoned property report is completed this should be passed to your Ward Team Leader. Ward Team Leaders should use this to authorise that you are able to serve a Notice to Quit (NTQ). Abandoned property report: https://apps.sheffield.gov.uk/HousingPlus/Tenancy%20Management/Abandoned%20Property%20Report%20Form.doc Once this has been authorised you should draft and serve an NTQ. Once the NTQ has been served complete the abandoned property log report task and checklist. NTQ: Serving a NTQ is a formal legal way of ending a tenancy. If the tenant is no longer using the property as their only and principal home, the tenant condition is no longer satisfied, and the tenancy is not secure (see page 5 above). However, a contractual tenancy still exists, and this type of tenancy can be ended by the service of a notice to quit. However, if the tenant is still occupying the property as their only and principal home, the tenancy remains secure and the NTQ will not end the tenancy. The NTQ template can be found at: https://apps.sheffield.gov.uk/HousingPlus/Tenancy%20Management/NTQ%20AREA.DOC Complete all three pages print out on Blue paper. The dealing officer should sign ‘Officer serving NTQ’ and Operations and Development Manager should authorise. The NTQ should always be hand delivered. Once the NTQ is served complete the NTQ served task, complete the checklist and notebook if required. The NTQ expires after 28 clear days (minimum period), it should always be a Mondays date, always enter this in your calendar.

During the period of the NTQ the officer involved should continue to make efforts to contact the tenant to ascertain whether or not they have left the property. They should also try to contact the emergency contact person and the other suggested agencies above. Housing Officers should keep records of the amount of times they have tried to make contact; this should be done by actions and notebooks.

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Contact with Tenant: Should the tenant make contact at any time, arrange a home visit within 48 hours to discuss the situation. If the tenant has, for example, been in prison or on holiday for a long period of time but always intended to return home or claims to be living at the address then the tenant condition remains satisfied and the tenancy remains a secure tenancy. In these circumstances the NTQ can be treated as invalid. The tenancy must then be monitored. If the NTQ has expired and the property has been re-let, if the tenancy condition had remained satisfied then Council Housing Service may have to grant a New Tenancy elsewhere. In these circumstances contact Legal for advice. NTQ Expires – No contact: Once the NTQ has expired (28 clear days minimum) and no contact has been made with the tenant/s arrange a lock change with Repairs and Maintenance. Arrange Lock Change: Once the lock change has been arranged send the Lock change letter to the address and ensure that the correct lock change date is entered. Enter the lock change details into your calendar. To order a lock change contact Repairs and Maintenance or the Service Centre, ensure that you inform them that the current tenant is to be recharged. This will then generate an order to Financial Service Unit (FSU) in SCC. Two officers must attend the lock change as this should avoid disputes later. Once the lock change is complete, update OHMS and complete checklist. If on entering the property there are clear signs that the tenant is in occupation, for example bedding, toiletries and fresh food. Withdraw from the property, effect lock change and post notice to the door (if appropriate) and inside the property requesting the tenant/s to contact the Neighbourhood Officer at Area Housing Office. In regards to looking at sell by dates SCC Council Housing Service Guidance Note no 98 covers how to reduce the risk of someone sustaining ill health effects. The aforementioned documents will include the individual undertaking a dynamic risk assessment when arriving on site and if they do encounter strong odours don a paper half face respirator which can be disposed of after use. In addition to this each officer should be provided with a pair of disposable gloves which can be used if they need to handle food to determine 'sell by' dates. Items left in the property: If there are items in the property please follow the abandoned items procedure (see page 12).

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No items in the property: If there are no items in the property then quit the property, follow the link below for guidance how to quit the property: Quit the property, for guidance please see: https://apps.sheffield.gov.uk/HousingPlus/Tenancy%20Management/OHMS%20Guidance%20for%20Eviction%20procedure%20following%20possession%20gained.DOC Once the property is quit complete a vacant proforma: https://apps.sheffield.gov.uk/HousingPlus/Tenancy%20Management/Copy%20of%20Void%20Notification%2008%2004%2015.xls Once complete this should be emailed to Repairs and Maintenance who will then collect the keys from the relevant office. Recharge raised: Unless there are extenuating circumstances a recharge should always be raised when dealing with abandoned properties. Where Sheffield City Council has incurred a cost the tenant should be recharged. For lock changes follow the process above. At the end of the Abandonment process an order must be raised with the Financial Services Unit (FSU) in SCC. Officers complete the Invoice Request Form (2) and attach the following: Copy of the Section 41 Any inventories taken Tenancy Agreement Any photographs taken

These must then be sent to FSU. The purpose of this is to assist FSU with retrieving monies owed should the tenant represent for re-housing or their whereabouts are discovered. The Lock Change recharge will be added to all the other costs incurred by FSU. Close call: Close call on the system and ensure all paper work is placed in the housefile.

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Abandoned Items flowchart

Ensure that section 41 notice is served at the lock change. You should also send a copy to the address via Royal Mail.

Take a manual copy of an inventory of all items to be disposed and/or stored whilst at the property. Photographs should also be taken.

Quit the property using the abandoned quit code.

Abandoned Items

Items Stored no contact: One calendar month after the Section 41 notice was served all items stored can be disposed of if no contact from tenant. The Furnished Team will then advise you of the total cost for storing/disposal of all items

Furnished Team will remove any items to be stored and pass the keys directly to R&M for any remaining clean and clear work and the vacant inspection process to begin. Do not close call.

Update the recharge account if required

Contact Furnished Team to arrange collection and storage. Use the electronic Inventory Form stored in Sharepoint – please complete all relevant fields

Close call and ensure all paper work is in housefile

Items stored contact with previous tenant: Items will be stored at a facility at a dry store. Give tenant an authorisation letter and tell them to ring Furnished Team to arrange a collection time. N.B Do not give this contact number to tenant! Furnished Accommodation Tel:-2052600 (for officer use only) [email protected]

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Abandoned Items general guidance This procedure may not apply where the former tenant has made a homeless application. Contact the Homeless section to check whether a homeless application has been made and whether they are dealing with the homeless applicants belongings (Sec.211, Housing Act 1996). Abandoned Items are personal belongings such as furniture, electrical items, clothes etc. These Items can be brought to our attention in a variety of ways, including:

• Quitting • Eviction • Abandoned Property

N.B: Items are not abandoned until the tenancy has ended. General principles The period of time that must elapse before items that appear to have been abandoned belong to the Council, is as follows: -

a) If the tenant has signed an authorisation for disposal on the termination of tenancy, and the keys have been handed in then the articles are disposed of immediately. However if when you go to the property it still appears to be lived in or there are packed boxes/cases every attempt should be made to contact the tenant. If all attempts fail discuss with your line manager before any arrangements are made to dispose of the items. If you are aware of the tenant’s whereabouts you must notebook the reason for disposal of goods on OHMS.

b) If no authorisation has been signed, the Council must serve a Section 41(3)* notice on the former tenant/owner of the items (see page 13 below). If the former Tenant does not collect the items within a month, they belong to the Council.

c) If after reasonable enquiry it is impossible to serve a Section 41 notice, the items will become the property of the Council after 6mths. However it should always be possible to serve a notice (see below) and Sheffield City Council can therefore dispose of most items after 1 month.

*Section 41 The Local Government (Miscellaneous Provisions) Act 1982 Disposal of items: Any items, whatever the condition, that are left in the property by the outgoing tenant should be dealt with following this procedure:

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Abandoned property: Once the NTQ has expired (After 28 clear days) and Sheffield City Council have gained possession of the property, the officers attending the lock change should take the following with them:

1. Abandoned / Eviction property checklist 2. Printed copy of the electronic Inventory form both sheet 1 and sheet 2 3. Prepared section 41 Notice. 4. Camera and sheets to ID photos

Section 41 Notice: A section 41 notice must be served immediately after the council obtains possession of the property. For example; on the day of eviction or at the lock change after the abandoned tenancy procedure has been followed if there are any items left in the property. You do not need to serve a Section 41 Notice if there are no items in the property. However, photos should be taken as evidence of this. You are required to serve the Section 41 if items are stored and/or disposed of. The notice may be served in the following ways:

1. By handing it to the former tenant at an eviction (or any other location) 2. By placing a copy of the notice on the door of the former tenancy (this

must be in a clear envelope/plastic wallet, sealed and secured to the door) and posting a copy by Royal Mail to the tenancy. (If the tenant has asked Royal Mail to redirect their post it will be sent to their new address)

3. By hand delivering it or sending it by recorded delivery to their new

address. (Keep a copy of the delivery receipt).

4. By recorded delivery to emergency contact person (if known). If this method is used a copy should be served at the former address, as in point 2 above.

The section 41 must be signed by the Ward Team Leader in your area. Entering the property: On entry to the property, the abandoned property checklist must be completed. This is to ensure the Furnished Team is aware of any heath and safety issues. In cases where environmental health enter properties before we are able to complete inventories or take photograph’s of any items that are in the property speak to the environmental health officer dealing with the case as they

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complete their own photographic log of all jobs and can provide us with these. We are still able to use these as evidence. If any items have been left in the property a Section 41 Notice must be served by attaching it to the front door in a plastic wallet and posting a copy by Royal Mail to the tenancy (point 2 above). A full inventory and photographs must also be taken. Where some items need to be stored and some disposed of this should be recorded on the inventory. The electronic inventory should clearly state which items are to be stored and which items are to be cleared. Sheet 1 shows all items to be stored and sheet 2 shows all items that need to be disposed of. If we are disposing of items we need to state why the items are being disposed of. Stating ‘of little value’ is not an acceptable reason. You should also notebook the reasons for disposal on OHMS. If we hold a forwarding address for the tenant we should also send a copy of the Section 41 to the forwarding address. Please note: If items have been left in the property that belong to a sub-tenant/occupant that person should be allowed access under supervision to remove their items, preferably with the tenant present. They should provide proof of identity and a forwarding address. All items removed by the sub-tenant/occupant should be photographed and an inventory should be completed. Post All post should be left in the property and it will be cleared during the Vacant clean and clear process. Pets If you find that any pet has been left in an abandoned tenancy / evictions in the first instance please contact the RSPCA 24hr Cruelty and Advice line on 0300 1234 999 (selecting option 3 and then option 3). There is no charge for the collection of an animal. However if they are unable or will not attend or we are aware that the dog is categorised as ‘dangerous’ then contact the Dog Warden from Environmental Protection Services on 20 37410. You can also contact the following organisations if needed: Cats Protection 0870 2099 099 Dogs Trust 020 7837 0006 Cupboards, Drawers, Suitcases, Boxes & Bags: If you can access any of the above see if they contain any items, you are not required to rummage through all the items but photographs must be taken. Where it looks like suitcases/boxes/bags are packed seek further guidance from your line manager. You would need to record this on the inventory as follows:

Item X

Further details

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Wardrobe x No Items Inside

Drawers

x

No Items inside

Check the fridge. (See Health and Safety Guidance note, no.98 for procedure) Is it empty? If possible note details of sell by/use by dates of any food in the fridge. Take a photograph of the inside of the fridge. This information could indicate when the property was last used by the tenant. Items to be disposed: Some items are unsuitable for storage, for example: fresh food and soft furnishings. However, if you feel any soft furnishings remaining in the property are in good condition you are able to store them. However, If in doubt speak to your SHO / HCO or TMET. All items that are to be disposed of must be logged on the ‘items to be disposed of’ electronic inventory form sheet 2 and photographs must be taken of all items. Photographs should also be taken of the rooms with the items in place. The photographs should also show the ID sheet/white board. The reason for disposal should be recorded on OHMS notebook. Stating ‘of little value’ is not an acceptable reason. What if all items are to be disposed of: If all items are to be disposed of ensure that the box on sheet 1 of the electronic inventory form is completed ‘all items to be disposed’ and that photographs have been taken. The electronic copy of this inventory should be sent in the usual manner as the Furnished Team will store this inventory in ‘G’ drive. On return to the office a Vacant notification Pro forma needs completing. This should be sent to either: Repairs and Maintenance or Homesfurnished. The keys will then be collected by R&M, the items will be collected and the property will be cleaned. The outgoing tenant will be recharged. The reasons for disposal should also be recorded on OHMS notebook. Stating ‘of little value’ is not an acceptable reason. Items to be stored: All items to be stored must be logged on the ‘items to be stored’ electronic inventory form. All items should be listed with a full description. Photographs of all items should be taken. https://apps.sheffield.gov.uk/HousingPlus/Tenancy%20Management/Abandoned%20Items%20Storage%20List%20revised%20Jun%2014.xls If any items are to be stored ensure that you action and notebook this on OHMS. We have limited space in storage and it is costly. Therefore do not store any items that are of poor quality and/or have little or no value but please be mindful of irreplaceable items that may be of sentimental value.

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Please be aware that the Section 41 Notice places an obligation on us to store items unless it would cause unreasonable expense or inconvenience for us to do so. When completing the inventory remember to check for items in all draws, cupboards, and wardrobes etc you are not expected to move items to get to the drawers or cupboards. Where possible record on the inventory list whether or not items are in them. For example:

Once the inventory is completed at the property ensure that it is signed off by WTL/Operations and Development Manager before proceeding to store items. The paper copy of the inventory should be signed as outlined above. The electronic Inventory should have the WTL/Operations and Development Managers name as verification that the original has been signed off. If any sharps are found in the property please ensure that this is noted on the checklist so they can make adequate arrangement for their safe removal. Any formal items such as Passports, driving licence, birth certificates, bank statement etc must be recorded and stored. You should also check with the relevant agency or organisation as to what they would want Council Housing Service to do with them. If the item is not collected, and the agency or organisation advises disposal then the item must be properly shredded. On the ‘items to be stored inventory’ the ‘dispose of items on’ date must be 31 days after the section 41 was served. Photographs: It is very important that you take as many photographs as possible. Photographs will be used as evidence if we receive any disputes regarding disposed abandoned items. You should ensure that all photographs show ID sheet/white board. As well as taking photographs of the items you should also take photographs to give an overall picture of each room in the house with the items in place and photos outside the property to show any sheds, storage areas. It is useful to take photographs from all corners of rooms with items in as it allows anyone viewing them to get a good perspective of what’s in the room. This has been requested by solicitors who have dealt with claims arising from disposal of items

Item X

Further details Collected

Wardrobe x Paper work inside

Drawers

x

No Items inside

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When taking photographs please ensure that the camera is set to the correct date. All Photographs should be stored in DMS. Rented items belonging to other companies: If any items remaining in the property are clearly marked as belonging to someone else eg; Rented television, washing machines etc, officers should contact the rental company and arrange for them to collect the item/s. There must be clear evidence that the property belongs to someone else. A signed receipt should be obtained from the person collecting the item/s. Items left in tenancy for tenant to collect In some cases it may be desirable for items to be left in the property for a couple of days if the tenant requests this as they wish to collect the items as soon as they have arranged transport. This needs to be an arrangement made with the officer in the area at the time of lock change. It may also be the case when an eviction has taken place and the tenant is paying off the arrears in order to retain the tenancy. (This would always be determined by the rents team.) In this case if/when the tenant attends at the tenancy to collect his goods a copy of the original inventory should be printed off and the tenant should sign for the goods he is taking with them and any that they say can be disposed of. A copy of this signed inventory should be retained in the housefile and a copy should be given to the tenant for their records. The notebook of OHMS should be updated to reflect this and photos should be taken again of the items left for disposal. Arrange Storage Once you have returned to the office you need to complete the electronic Inventory with the details taken from your paper copy then simply click the button which appears at the top of the Inventory form as shown and the electronic form will be sent direct to Homesfurnished In box. The Keys and checklist should be placed in a plastic wallet/envelope, this should be clearly marked Abandoned Items. This should then be placed in the tray marked ‘abandoned items’ not vacant. A signature should be obtained when the keys are collected. If you are already aware that the storage may be needed for longer than 31 days an authorisation form should be completed and passed to Furnished Team with the inventory etc.

Click here to request for collection of goods

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The Furnished Team will collect the keys, store the furniture as requested and arrange for the vacant inspection, clean and clear as appropriate. Only items to be disposed of If there are only items in the property that are to be disposed of then you can complete a ‘Vacant Notification Proforma’which is used to request a clean and clear. Please make sure that it is clearly marked in the box provided on sheet 1 ‘All items to be disposed of’ and record the reason for disposal. The reason for disposal should also be recorded on OHMS notebook. Stating ‘of little value’ is not an acceptable reason. Items stored at dry store Once the Furnished Team have taken items into store the electronic inventory will be placed in a folder on ‘G’ drive HSG, Public, Abandoned Inventory. This folder is available to all area staff to view but no alteration/amendment to the Inventory is allowed. This inventory will be stored by Area, road/street name, house number and date. The inventory will remain there until the Section 41 Notice expiry date and then it will be placed with the photos on to an archive disc which will be kept by the Furnished Team. If you require access to this at any time please contact the Furnished Team giving them the relevant details and they will be able to access this for you. Former tenant wishes to collect stored items from dry store: If the former tenant contacts Council Housing Service to collect their items from storage they should be advised at this point exactly what items have been taken into store and what if any have already been disposed of. They will need to collect an ‘Authorisation Letter’ from the area office. (Appendix 1). This letter will have contact details for the Furnished Accommodation Team and information about what they will need to do to be able to pick up there items. They will need to contact the Furnished Team by telephone and arrange an appointment date and time. They will be advised that at the appointed time they will have to present themselves at the dry store where they will be met by a member of the furnished team. Their belongings will be brought out onto the loading bay area and the tenant will be expected to load them into their own vehicle. The letter will clearly state:- “You will need to have a suitable vehicle to safely accommodate your items and will have a maximum of 30 minutes to collect your goods and leave the site. Council Housing Service will not assist you to load your vehicle.”

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The Furnished Team will ensure that all items that are collected and returned to the former tenant are signed for and that they are aware of their responsibility to make payments to the recharge at the time of collection. Stored items to be disposed of: Items should be automatically disposed of after 31days providing the disposal date was entered on the inventory. Contact the Furnished Team on this day to ensure that items are not stored longer than necessary. Ensure that Ohms is updated with the disposal date and ensure a list of all items that were disposed of is kept on file. Extending the disposal date: https://apps.sheffield.gov.uk/HousingPlus/Tenancy%20Management/Abandoned%20items%20-%20storage%20over%2031%20days.xls The disposal date can be extended if the former tenants have made attempts to remove items from storage and/or they are waiting to sign for a new tenancy etc. Officers must use their discretion when making the decision. A valid reason should be entered on the authorisation form and this should be signed off by the Ward Team Leader or Operations and Development Manager in the area. It will be good practice to always check to see whether the tenant has presented themselves at homeless section. What if the former tenant/s have presented at the homeless section and have items stored with Sheffield City Council? Please check OHMS: • Enquiries • Person • Enter Surname/forename • Select person • Select needs tab All Homeless applications can be found in the top 'casework' box. If the former tenant/s have presented at the homeless section and have a case 'under investigation' and have items stored with Sheffield City Council you should contact the homeless officer for their belongings to be collected from Sheffield City Council Furnished Team storage facility. Sheffield City Council may have a duty to store items for people who have made a homeless application. In these cases items are stored by MoveCorp for Sheffield City Council. The homeless section will deal with transfer of these items whilst their client is under investigation. Contact with Former tenant: If the former tenant does contact Sheffield City Council around the expiry date, contact the Furnished Team immediately to establish whether or not

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items have been disposed of. If items have not been disposed of arrange an appointment for collection. Use the contact number shown on the flowchart to contact the Furnished Team. N.B Do not give this number out to the former tenant. Update recharge account: The Furnished Team will contact the Area Neighbourhood Officer with details of any additional charges that may have occurred for storage of items. This should be actioned on OHMS. Complete the invoice request form and send a copy to: [email protected] Include all relevant information available. Close call: If you have raised a recharge for storage or disposal of items please complete Task 9 ‘Recharge Raised’ and the checklist with the amount of the recharge before you close the call. This will mean the call remaining open until you received this information. Please ensure that all paper work is placed in the house file. Decision Reason: Once you have closed the call on the task path you must input a decision reasons. It is very important that this is complete as this will have an impact on the decision support reports. Guidance on abandoned items in other circumstances: There are other circumstances were you may come across abandoned items, this may include the following: Eviction: Please see Rents manual 6.4.9 and follow the eviction procedure. The process (including the quit) for when possession is gained can be found in Sharepoint. If any abandoned items are left in the property please follow the abandoned items procedure above and log a call on Process Management. Death of a tenant: Please see Leaving Tenants guide for procedure, however if any abandoned items are left in the property please follow the abandoned items procedure above and log a call on Process Management. Signed quitting: This is dealt with by Vacant Management Unit, in cases where a tenant has signed a termination of tenancy and the quit date has expired and we are in

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receipt of the keys Sheffield City council legally has possession of the property. N.B there is no need to log a call. 4 Weeks notice given – Unsigned termination of tenancy form: If a letter is received through the post stating that the tenant wishes to give 4 weeks notice then a call needs to be logged on Process Management. The quit needs to be processed on the OHMS system. A notebook should be entered on the Establish the Void (ETV) stating how the quit was received. If during the 4weeks Tenancy management have been unable to obtain a signature from the tenant the abandoned items procedure needs to be followed.