Protection of property

A local authority also has a duty to protect the property of those for whom it has secured accommodation under its housing duties. [1] This duty applies pending inquiries, if intentionally homeless, if unintentionally homeless, and if having been referred under local connection provisions.

Even when a local authority conclude, following investigations, that they have no duty to the applicant they will still be under a duty to protect the applicant's property if they have been under a duty to secure accommodation pending inquiries. [2]

The duty imposed on a local authority is to safeguard a person's moveable property. This is likely to include some pets which are capable of being owned, such as dogs, if they can be defined in law as being moveable property.  In the case of Smith v Duncan it was observed that a dog is classed as moveable property. [3]

In respect of some pets, this could mean taking steps such as helping a person secure kennelling or other accommodation for their dog.

The duty arises where the authority believes there is a danger of loss or damage to an applicant's property because of the applicant's inability to deal with it, and where no suitable alternative arrangements have been made. This duty continues as long as the danger exists. [4] The duty also applies to the property of anyone who could reasonably be expected to reside with the applicant. [5] An authority may continue to keep property in storage once the danger has passed. [6] In order to discharge this duty, the authority has the power to enter the applicant's usual place of residence. [7] This may be appropriate where a client has been illegally evicted and the landlord refuses access. [8]

The duty to protect property ceases where the local authority has reason to believe that there is no longer any risk of loss or damage to it. This will usually be when the applicant finds permanent accommodation where they can store their possessions. [9]

When the duty ceases, the local authority should notify the applicant, with reasons, as to why they believe there is no longer any danger of loss or damage to his/her property. [10] The notification should be given to the applicant by leaving it, or sending it to him/her at his/her last known address. [11]

The local authority can impose conditions, for agreeing to protect property, such as a reasonable charge for storing protected property and, how and when the local authority can dispose of the protected property. [12] The Code of Guidance advises that any charges should take into account what the applicant can afford to pay, if anything. [13] The applicant should be told in advance what charges will be made and in what circumstances the local authority can dispose of the property. [14]

There have been successful complaints to the Ombudsman against authorities that are alleged to have failed in this duty and compensation has been awarded. [15] Failure to take care of property and its protection can result in claims for damages or negligence. [16]