Temporary accommodation storage policy

The aim of this policy is to explain the duties that the council has to protect personal belongings and furniture when an applicant who is homeless makes an approach. 

The council is obliged to provide assistance in circumstances where a homeless applicant cannot protect their own property either because of ill health or they cannot afford to make provision themselves. 

The duty to protect personal property applies at the point when a homeless application is received. 

As temporary accommodation is usually part furnished applicants will need to make their own arrangements to store any furniture and/or larger personal items. 

If applicants are unable to protect or store with property and cannot make arrangements to do so, the council will make arrangements for personal property to be stored by a private company. 

The council’s involvement will usually end at the same time as the duty under which accommodation was provided comes to and end. 

The applicant will be notified of this in writing.  It will be the responsibility of the applicant to remove their belongings from storage.

 Any goods not claimed within 28 days of a notification being sent will be destroyed. 

Any costs for storage or transportation incurred by the council will be passed on to the customer. 

In cases where this would cause hardship the council will make arrangements for the costs to be paid in instalments at a rate that is affordable for the household.

Legal framework

Housing Act 1996  - 212 Protection of property: supplementary provisions. 

For the purposes of S.211 of the act (Protection of Property of homeless persons or persons threatened with homelessness) the authority may:

1. enter at all reasonable times, any premises which are the usual place of residence of the applicant or which were his last usual place of residence and
2. deal with any personal property of his in any way which is reasonably necessary, in particular by storing it or arranging for its storage.

Where the applicant asks the authority to move his property to a particular location nominated by him/her and the authority considers this to be a reasonable request, it can discharge its responsibilities under S.211 when in their opinion there is no longer a risk of damage or loss to that property. 

Before complying with the request the authority shall notify the applicant of the consequences of complying with his/her request. 

Once responsibilities have been discharged the authority is obliged to notify the applicant of the reason for it. 

What is the duty to protect?

There may be a duty to protect belongings where a local authority has reason to believe that an applicant’s property (or that of a member of his/her household) is in danger of loss or damage because the applicant is unable to protect it and no other arrangements have been made to protect property. Danger refers to the likelihood rather than the possibility of loss or damage.  The council can impose reasonable charges either for costs incurred for storage or costs incurred for disposal. 

The duty to protect begins when the applicant is losing their accommodation and a duty may exist even when an applicant does not enter temporary accommodation.

When does the duty to protect end?

The council no longer has a responsibility to protect property when:

• It considers there is no longer a danger of loss or damage to property.
• It finds the applicant does not meet the criteria for help with accommodation.
• It has fulfilled all its responsibilities towards the applicant

Even if the council has no further obligation to provide accommodation it can choose to continue to protect personal property.