Notice on Abandoned goods - Section 41
(Unless otherwise stated statutory references are to the Local Government (Miscellaneous Provisions) Act 1982).
1. If any person, on whom a Notice is served under Section 41 of the Local Government (Miscellaneous Provisions) Act 1982, fails to take any steps required by the Notice at the time or within the period specified, the Council may sell or
otherwise dispose of the property at such time and in such a manner as they think fit.
2. Where property is sold or otherwise disposed of (under subsection 7) above –
i. Any person to whom the property is transferred shall have a good title to it; and
ii. Any proceeds of sale shall become the possession of the Council.
3. Where property is claimed by its owner or depositor prior to the date specified in the Notice the Council may (under section 11) release the property on payment to them by the owner or depositor of any sum which they require him to pay in respect of costs incurred by the Council –
i. In making inquiries for the purpose of serving any notice; and
ii. In looking after the property adequately.
4. This section shall not apply to any property which is found on an aerodrome, in an aircraft on an aerodrome; in a public service vehicle; or on any premises belonging to or under the control of London Regional Transport or any subsidiary of London Regional Transport.
5. In this Notice “property” means - chattels personal other than things in action and money to include furniture, food and other perishable goods, correspondence, literature, fixtures, fittings, machinery and any other personal item found within the grounds of the dwelling referred to in the notice.
ADVICE
If you do not understand this letter or wish to know more about it, you should contact the Council. If you want independent advice about your rights and obligations, you should go to a Citizens Advice Bureau, Law Centre, Housing Aid Centre or a solicitor. You may be able to obtain help with all or part of the cost of legal advice from a solicitor under the Legal Aid Scheme.
Claiming Your Property
Reclaiming Property Before the Specified Date
If you are the rightful owner or the person who deposited the property, and you wish to reclaim it before the specified date in the Notice, you are welcome to do so. Please note that the Council, under Section 41 of the Local Government (Miscellaneous Provisions) Act 1982, may release the property to you upon payment of certain costs.
Costs Involved in Reclaiming Property
These costs are necessary to cover:
Inquiry Expenses: The Council incurs costs in making inquiries to serve the Notice effectively. These costs are part of the administrative process to ensure that the property is returned to its rightful owner.
Care and Maintenance: There are also expenses related to looking after the property adequately while it is in the Council's possession. This ensures that your property remains safe and in good condition until reclaimed.
Contact the Council for Reclaiming Property
Should you wish to reclaim your property, please contact the Sophia Hibbert at our TMO office as soon as possible at 020 7221 7241 via email using tavistockhousingltd@gmail.com. We are here to assist you through the process and provide any information you might need.
For more details on your rights and obligations, or for assistance in understanding the process, you are encouraged to consult independent legal advice. Local Citizens Advice Bureaus, Law Centres, and Housing Aid Centres can provide guidance, and you may also consider seeking advice from a solicitor.