Rank: Super forum user
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Our FRAs identify that residents sometimes store items in common areas in flats which are by definition a hazard, either blocking a Means of Escape or combustible and in rare cases flammable. Housing officers are asked to write to the residents (within 2 weeks) and advise them of the Council policy on the prohibition of storing items in common areas. A follow up letter is sent before the items are removed and we charge the resident for storage and collection.
My problem is what are reasonable for timescales for the letters and specifically for the removal of the offending items, given that an unsafe condition exists until the items are removed. Interested in your comments.
Ray
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Rank: Forum user
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Going back many years to our first rented accommodation. My motorcycle (sole means of transport) was getting vandalised when parked outside overnight so I took to pushing it under the stairwell of our 3 storey block of flats at night (where walk in cupboards were provided for residents to store whatever they saw fit). Obviously there was petrol in the tank, so it posed a risk. A neighbour (presumably) complained and a representative of the landlord (local council at that time) knocked on my door requiring it's immediate removal.
If the risk is significant, way wait until letters are exchanged - require the owner to remove it and if they don't remove it anyway.
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Rank: Super forum user
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Fair point, but with over 400 blocks of flats covering tens of thousands of residents things aint that simple. If we do not provide initial notice in advance it could be construed as theft, not all articles are of an immediate concern i.e. bikes, prams and the inevitable shopping trolleys.
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Rank: Super forum user
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Ray
In my honest opinion I would suggest 2 weeks from the date of the council letter that would take into account shift workers.(I was on night shift and could not reply) Holidays (Who can afford 2 weeks?) It is only my opinion as I do not think there is any timescale written anywhere.
Ta Alex
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Rank: Super forum user
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Alex
Thanks for your response. By coincidence I do give a 2 week window to write to the residents, then there is the follow up letter saying items will be removed by the Council blah, blah. It is really the timescale for the removal of items by Council staff I am trying to ascertain.
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Rank: Super forum user
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RayRapp wrote:Fair point, but with over 400 blocks of flats covering tens of thousands of residents things aint that simple. If we do not provide initial notice in advance it could be construed as theft, not all articles are of an immediate concern i.e. bikes, prams and the inevitable shopping trolleys.
What does your lease say, mine states that I cannot store items in common areas and items will be removed at a cost to the tenant if they can be traced and held for 14 days before being destroyed. If it was something I wanted i.e. my bike I would have to claim it back and pay up.
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Rank: Super forum user
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The Tenancy and Leasehold agreements state much the same. However there are no timescales included.
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Rank: Super forum user
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Anychance they could carry a A5 type 'remove immediate notice' for items that are causing a particular hazard i.e. 'blocking fire doors' that they can post through the doors. I would think that the irems on a particular landing will belong to someone on the landing. It could have a blank space were the person carrying out the inspection could write what that hazard was.
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Rank: Super forum user
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If there is an unacceptable risk we will remove immediately and post notices and letters if we cannot locate the owner. Otherwise we post a tort notice for 14-21 days and then remove.
Remember to take photos and document effectively both for insurance and management evidence
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Rank: Super forum user
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Less sympathetic on my part. They know as it is part of their agreement not to do it. Forget tracing owner (wasting time and money and postage) put notice on item stating in a week it will be removed as scrap (dated photo for evidence).
Don't they do something similar with abandoned cars!
Thinking about it 24 hours seems better.
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Rank: Super forum user
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Great idea Invictus, it may not be the absolute panacea but it could be of great help.
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Rank: New forum user
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I am of the opinion that we can't have a fixed time i.e 2weeks for all items. In other words, the severity of the risk posed by such items in common areas will necessitate if immediate action/removal is required or a time frame should be given.. As it is with HSE inspection/ Audit, some corrective actions for findings are immediate i.e. ASAP and some are given time frame based on circumstances surrounding close out action. However, materials blocking Emergency exits are a NO NO..thnx
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Rank: Forum user
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I expect there is no simple solution, so you can decide on what constitutes reasonable should be in accord with risk i.e the greater the risk the shorter the timescale. Perhaps 48hrs for high, 2 weeks for medium and 4 weeks for low? There is no hard / fast rule.
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