Chapter 20: Protection of personal property

Guidance on the duties and powers housing authorities have to protect the personal property of an applicant who is homeless.

20.1 This chapter provides guidance on the duty and powers housing authorities have to protect the personal property of an applicant.

1. 20.2 Under section 211(1) and (2), where a housing authority has become subject to a duty to an applicant under specified provisions of Part 7 and it has reason to believe that:

   1. (a) there is a danger of loss of, or damage to, the applicant’s personal property;

   2. (b) because the applicant is unable to protect it or deal with it; and,

   3. (c) no other suitable arrangements have been, or are being, made,

then, whether or not the housing authority is still subject to such a duty, it must take reasonable steps to prevent the loss of, or to prevent or mitigate damage to, any personal property of the applicant.

1. 20.3 The specified provisions are:

   1. (a) section 188 (interim duty to accommodate);

   2. (b) section 189B (initial duty owed to all eligible persons who are homeless); and,

   3. (c) section 190, section 193 or section 195 (duties to persons found to be homeless or threatened with homelessness); or section 200 (duties to an applicant whose case is considered for referral or is referred).

20.4 In all other circumstances, housing authorities have a power to take any steps they consider reasonable to protect in the same way, an applicant’s personal property (section 211(3)).

20.5 Section 212 makes provisions supplementing section 211. For the purposes of both section 211 and section 212, the personal property of an applicant includes the personal property of any person who might reasonably be expected to reside with them (section 211(5)) and section 212(6)).

20.6 A danger of loss or damage to personal property means that there is a likelihood of harm, not just that harm is a possibility. Applicants may be unable to protect their property if, for example, they are ill or are unable to afford to have it stored themselves.

20.7 Under section 212(1), in order to protect an applicant’s personal property, a housing authority can enter, at all reasonable times, the applicant’s current or former home, and deal with the property in any way which seems reasonably necessary.

20.8 Where a housing authority does take steps to protect personal property it must take reasonable care of it and deliver it to the owner when reasonably requested to do so. Housing authorities may find it helpful to take a log of the applicant’s personal property as part of this process.

20.9 The applicant can request the housing authority to move their property to a particular location. If the housing authority considers that the request is reasonable, they may discharge their responsibilities under section 211 by doing as the applicant asks. Where such a request is met, the housing authority will have no further duty or power to protect the applicant’s property, and it must inform the applicant of this consequence before complying with the request (section 212(2)).

20.10 Housing authorities may impose conditions on the assistance they provide (section 211(4)). Conditions may include making a reasonable charge for storage of property and reserving the right to dispose of property in certain circumstances specified by the housing authority – e.g. if the applicant loses touch with them and cannot be traced after a certain period (section 211(4)).

20.11 Where a request to move personal property to another location is either not made or not carried out, the duty or power to take any action under section 211 ends when the housing authority believes there is no longer any danger of loss or damage to the property because of the applicant’s inability to deal with or protect it (section 212(3)). This may be the case, for example, where an applicant recovers from illness or finds accommodation where they are able to place their possessions, or becomes able to afford the storage costs themselves. However, where the housing authority has discharged the duty under section 211 by placing property in storage, it has a discretionary power to continue to keep the property in storage. Where it does so, any conditions imposed by the housing authority continue to apply and may be modified as necessary.

20.12 Where the housing authority ceases to be under a duty, or ceases to have a power, to protect an applicant’s personal property under section 211, it must notify the applicant of this and give the reasons for it. The notification must be delivered to the applicant or sent to the applicant’s last known address (section 212(5)). For further guidance on notifications see Chapter 18.