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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If a tenant in council or housing association property goes

Resolved Question:

If a tenant in council or housing association property goes missing for six months and have been officially reported as missing, what happens to their personal property, when can the property be re let and how does a third party ie the police or relatives get access to their property?
Does this vary from council to council and/or is it covered by statute?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Has the Council ended the tenancy please?

Customer:

This is hypothetical, as it is research for a novel, assume tenancy has not ended,

Alex Watts :

Ok - well it is likely the Council would serve notice to end the tenants right of occupation.

Alex Watts :

Once they get a Court Order for possession and take back the property, they would have a legal obligation to store the goods for 1 month.

Alex Watts :

They then need to give notice to the tenant at their address that after 1 month they will dispose of the goods.

Alex Watts :

If nothing happens after 1 months, the goods can be disposed of.

Alex Watts :

But the Council would not have to trace the tenant, they can use the last known address.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

To whom as they are missing and what action is then taken?

Alex Watts :

To the last known address. That is all what is required.

Alex Watts :

You cant expect a LA to hire someone to find them - that's not their job.

Alex Watts :

If they are missing and not occupying the property, that is a breach of a condition.

Alex Watts :

Therefore the Council can apply for possession.

Customer:

Is this the same for all councils and housing associations?

Alex Watts :

Yes exactly.

Customer:

what if they were in prison or hospital comatose come out and find everything disposed of?

Alex Watts :

Its not the Councils responsibility to store your goods.

Alex Watts :

If you were going to prison you should have made arrangements.

Alex Watts :

If you are in hospital your family should have made arrangements.

Alex Watts :

In short, its not the fault of the local authority.

Customer:

I think that covers it, which law does this come under?

Alex Watts :

Contract law - the tenancy agreement

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Customer:

Many thanks for your help, the book will be called Point 666 and out on Amazon in a couple of years. My first novel 48 Moons is out (ebooks)

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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