The Housing (Northern Ireland) Order 1988

Protection of property of homeless persons and persons threatened with homelessness

13.—(1) This Article applies where the Executive has reason to believe that an applicant is homeless or threatened with homelessness (or, in the case of an applicant to whom it owes a duty under Article 8 (interim duty to accommodate pending inquiries), that he may be homeless) and that—

(a) there is a danger of loss of, or damage to, any personal property of his by reason of his inability to protect it or deal with it, and

(b) no other suitable arrangements have been or are being made.

(2) If the Executive has become subject to a duty towards the applicant under Article 8, 10(2) or (3)(a) or 11(2) (duty to accommodate during inquiries and duties to persons found to be homeless or threatened with homelessness), then, whether or not it is still subject to such a duty, it shall take reasonable steps to prevent the loss of the property or prevent or mitigate damage to it; and if it has not become subject to such a duty, it may take any steps it considers reasonable for that purpose.

(3) The Executive may for the purposes of this Article—

(a) 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

(b) deal with any personal property of his in any way which is reasonably necessary, in particular by storing it or arranging for its storage.

(4) The Executive may decline to take action under this Article except upon such conditions as it considers appropriate in the particular case, which may include conditions as to—

(a) the making and recovery by the Executive of reasonable charges for the action taken, or

(b) the disposal by the Executive, in such circumstances as may be specified, of property in relation to which it has taken action.

(5) When in the Executive’s opinion there is no longer any reason to believe that there is a danger of loss of or damage to a person’s personal property by reason of his inability to protect it or deal with it, the Executive ceases to have any duty or power to take action under this Article; but property stored by virtue of the Executive having taken such action may be kept in store and any conditions upon which it was taken into store continue to have effect, with any necessary modifications.

(6) Where the Executive—

(a) ceases to be subject to a duty to take action under this Article in respect of an applicant’s property, or

(b) ceases to have power to take such action, having previously taken such action,

it shall notify the applicant of that fact and of the reason why it is of opinion that there is no longer any reason to believe that there is a danger of loss of or damage to his personal property by reason of his inability to protect it or deal with it.

(7) References in this Article to personal property of the applicant include personal property of any person who might reasonably be expected to reside with him.