1. Introduction
1.1 This policy applies to all Norwich City Council rented housing stock. It sets out how we will manage a property which has been abandoned or from which the tenant is temporarily absent.
1.2 We must make the best use of our homes. This means recovering and letting abandoned homes quickly.
2. Relevant legislation
2.1 Housing Act 1985
2.2 Protection from Eviction Act 1977
2.3 Notices to Quit etc. (Prescribed Information) Regulations 1988
2.4 The Local Government (Miscellaneous Provisions) Act, 1982
3. Policy details
3.1 A home is abandoned when it appears you have left intentionally and permanently without telling us and you have no intention to return and nobody else is living there.
3.2 You must live in your home as ‘your only or principal home’. This is a legal requirement. Your tenancy or licence will end, or you will be in breach of its terms if you don’t. This means you may not have the protection of the law, and we can take possession of the home.
3.3 You’ll be in breach of your tenancy, and may lose your tenancy if:
- You’re away from your home for more than four weeks without telling us, and
- The evidence confirms you don’t intend to return to the home.
3.4 We recognise you may need to be away from your home for long periods for work or a holiday. Before you go away, you must inform us in writing if you are to be away for longer than four weeks: (you can do this through our website)
- When you plan to leave the property
- Contact details for who we can contact in your absence, if not you.
- When you plan to return to the property
- The reason for the absence.
3.5 The onus is on the tenant to prove they have an intention to return, with a realistic possibility of a return. There must be physical evidence of continuing occupation such as furniture or other belongings, or the presence of a ‘caretaker’.
3.6 The council must ensure that it does not prevent a lawful occupant from residing in their property. Officers must ensure that their actions are justified and that the non-occupation of the property and whether the tenants have an intention to return has been fully investigated. Failure to do so may render the council, its agents, contractors, or employees liable to criminal prosecution or civil claims under the Protection from Eviction Act 1977.
3.7 The council will attempt to contact the customer by all available means throughout the investigation.
3.8 Investigation may include:
- Repeat visits to the property with inspection and recording of external property condition, utility meters and any internal areas visible.
- Contact with any known associates of the customer including but not limited to neighbours, known family, employers.
- Contacting statutory and partner agencies (this could include police, NHS/ medical professionals and social services.)
- Reviewing the customer’s credit file for alternative addresses
- Reviewing publicly available customer information including social media
- Contacting utility companies and other landlords as appropriate.
3.9 Each case will be investigated and considered by the relevant Housing Officer. When the necessary evidence to support why the property has been left unoccupied for a prolonged period cannot be sourced, the Tenancy Services Manager or Housing Team leaders will consider whether the service of a Notice to Quit is appropriate.
3.10 Dependent upon the outcome of investigations, the council will decide whether to:
- Change the locks and take possession of the property.
- Serve a notice to quit, and then terminate the tenancy and take possession upon expiry of the notice to quit, or
- Serve a notice to quit and notice of seeking possession and obtain a court order for possession.
3.11 Where the customer has not submitted a valid Notice to Quit but has provided a clear and unequivocal indicator that they wish to end their tenancy, for example handing in keys or stating in writing they wish to end the tenancy, the council may serve Notice to Quit under the terms of this Policy to formally end the tenancy. In such circumstances, an investigation will not usually be carried out.
3.12 When we take possession of the home, we’ll prepare an inventory and take photographs. If you leave belongings in the home, they become the property of the council and we may store them or dispose of them and recharge you for any costs that we incur in doing so. You will also be charged for any damage to the property caused by you and repairs required to re-let the property that would have been your responsibility as part of your tenancy.
3.13 A long-term stay in hospital does not mean that the tenant has lost their security of tenure, as the property is still their principal home, and they have an intention to return.
3.14 Tenants may spend a trial period in residential care before a final decision is made on whether to move in permanently. If a permanent place is secured in residential care, then the tenant, or whomever may have power of attorney, should submit a notice to quit to end their tenancy with Norwich City Council as they are no longer occupying their tenancy as their only and principal home and have no intention to return. In this scenario, Norwich City Council may also serve the notice to quit to end the tenancy.
3.15 The Housing Officer will contact the tenant in hospital or residential care to offer advice and assistance or, with the tenant’s permission, contact a relative or friend.
3.16 A long-term prison sentence does not mean that a tenant has lost their security of tenure, as the property is still their principal home, and they have an intention to return.
3.17 When information has been obtained that a tenant has been sentenced to any period in prison, the Council will take steps to gather all relevant information and liaise with other agencies to achieve the best outcome for the council and the tenant.
3.18 Contact will be made with Probation Services or the Prisoner Location Service to identify the prisoner’s length of sentence, location, and prisoner number.
3.19 Housing Benefit / Universal Credit will be stopped for prison sentences over 26 weeks but will usually continue for sentences of less than 26 weeks on an assumption that the prisoner will only serve 13 weeks. However, if prison stay for whatever reason exceeds the 13 weeks mark, then Housing benefit will be cancelled from the date it becomes clear that the stay will now exceed 13 weeks. Tenants may be able to claim Housing Benefit for up to 52 weeks or Universal Credit housing element for up to 6 months whilst on remand if they are likely to return home within a year.
3.20 If a property is empty and rent arrears are accruing the council will discuss the possibility that the tenant should terminate their tenancy. The tenant should always seek their own independent legal advice when considering giving up their tenancy. In discussions with the tenant or advocate, at no time will an officer give or imply an undertaking to house a tenant upon their release from prison in return for a Notice to Quit.
3.21 If the arrears continue and the tenant does not end their tenancy, then the rent arrears procedure will be followed, and copies of correspondence sent to the prison.
3.22 In certain cases, it may not be suitable for the perpetrator of a serious crime to return to their current property. A tenant guilty of a crime that breaches tenancy conditions will have eviction proceedings taken against them.
3.23 In correspondence we will advise the tenant to seek independent legal, housing and welfare advice from their prison welfare officer or probation officer.
3.24 We will act in accordance with our Domestic Abuse Policy where applicable.
4. Review
4.1 We will review this policy to address legislative, regulatory, best practice or operational issues, otherwise every 3 years.
Published: 20 September 2024
Next review date: 20 September 2027
