Keeping Communal Areas Safe Policy

Our vision

Our Housing Service vision is that all homes in East Suffolk are safe, suitable, and sustainable, in communities where residents are proud to live.

This vision supports the Sustainable Housing theme in the Council’s Corporate Strategy: Our Direction 2028.

Equality and diversity statement

East Suffolk Council is intent on ensuring people or communities do not face discrimination or social exclusion due to any of the following protected characteristics: age; disability; sex; marriage and civil partnership; race; religion or belief; sexual orientation; gender reassignment; pregnancy and maternity, and socio-economic deprivation.

This document complies with the Council’s equality and diversity policy.

Purpose of the policy

1.1. This policy sets out East Suffolk Council’s (ESC) approach to keeping communal areas safe. You should also consult your tenancy agreement/licence/lease for further information on your rights and responsibilities, ask our advice, or seek independent help.

1.2. Our Tenancy and Leasehold Agreements state that communal areas may not be used for additional storage. There is an expectation that anyone living in our properties is required to keep communal areas clear:

  • You must only use the entrance hall, stairs and lifts and landings for entering or leaving your property and not for storage or any other purpose.
    (ESC Tenancy Agreement section 5.4.)

1.3. Items in communal areas present a danger to tenants, leaseholders, staff, visitors, and the emergency services. In the event of an emergency, items in communal areas may prevent emergency services from accessing our properties and can cause hindrance should an evacuation become necessary.

Introduction

2.1. ESC is committed to ensuring that all communal areas in our housing blocks and estates are well-kept, meet all regulatory requirements and are safe for use.

2.2. This policy assumes ESC has adopted a zero-tolerance to obstructions and hazards in our communal areas in the interests of safety.

2.3. This policy outlines the actions and measures ESC will take to ensure communal areas are free from obstruction or hazards to protect the health and safety of our tenants, leaseholders, visitors, employees, and contractors.

2.4. This policy outlines the measures ESC will take to ensure communal areas are free from impedance, to allow access by emergency services in the event of an urgent situation.

Scope of policy

3.1. This policy applies to both ESC General Needs Accommodation, ESC Retired Living Schemes and Temporary Accommodation owned by ESC.

3.2. The policy applies to the following persons:

  • Tenants of East Suffolk Council
  • Leaseholders
  • Leaseholder tenants
  • Housing association tenants in ESC blocks and estates
  • Anyone who visits or lives with any of the above

3.3. ESC defines communal areas as parts of a housing estate or block that are shared. These are areas that tenants have the right to use in common with other tenants, and which we, as a landlord and freeholder are responsible, these include but are not limited to:

  • Communal entrances
  • Communal landings
  • Communal lounges (retired living only)
  • Communal kitchen (retired living only)
  • Any shared stairwell, balcony or access path
  • Communal gardens
  • Lifts
  • Communal parking areas
  • Bin stores
  • Drying areas
  • Any cupboard area or loft located in a communal area

3.4. Example of items we ask to be removed from communal areas are, but not limited to:

  • Prams and pushchairs
  • Mobility scooters
  • Bicycles and electric bikes
  • Motorcycles, scooters and e-scooters
  • Trampolines, slides and swings
  • Barbecues and wood stoves
  • Plant pots, planters and hanging baskets
  • Cardboard, plastic and wood
  • DIY material
  • Door mats and shoe racks
  • Sheds, storage containers, lockups
  • Items of furniture

Policy details

4.1. We will work with our tenants and leaseholders to keep our communal areas safe. We will provide signage in our communal areas with details of our Keeping Communal Areas Safe Policy. This will include fire safety advice, and details on how to report concerns to us.

4.2. We will ensure communal areas are a sterile environment and will not permit the storage of items in any part of the communal area, including stairwells, corridors, landings and beneath stairs.

4.3. We will ensure communal gardens and green spaces are kept clear of items that may cause injury, hazard, or constitute a fire risk, and those that may cause a nuisance to other residents by their use.

4.4. We understand that children may be attracted to items that may constitute a danger and we will remove these items as a priority.

4.5. We will take a proactive approach to keep areas safe and will take enforcement action against persons where necessary.

Keeping communal areas safe:

5.1. We will remove items without warning when they present an immediate danger to life, or where their presence may restrict or hinder access, especially in the event of an emergency or evacuation. (See Appendix 1: Urgent Removal Procedure)

5.2. Where items are stored in a communal area and do not present an immediate risk or hindrance, we will issue a warning (Miscellaneous Provisions Notice) prior to removal (See Appendix 2: Non-Urgent Removal Procedure). 

5.3. Where the removal of an item may cause hindrance or burden to the owner, for example wheelchair, pushchair or mobility scooter, we will attempt to identify the owner/s prior to taking any action, unless the presence of the item constitutes an immediate risk (See Appendix 3: Sensitive Removal Procedure).

5.4. Items of a perishable nature, or those that we deem to hold no value will be removed and subject to disposal.

5.5. Items that we deem to be of value will be removed and kept in storage for 6 months.

5.6. Items which have not been collected within the 6-month storage period will be subject to disposal. (See Appendix 4: Removal & Storage of items in a communal area Procedure).

5.7. We will take a sustainable approach to the disposal of items. Items of value or which may be of use may be donated to local charities and organisations or used by the council in the process of our lettings and allocations schemes.

5.8. In line with our Recharge Policy, a charge will be issued for any item removed from a communal area where the owner can be identified, or where we receive contact from the owner requesting a collection and/or return.

6.1. The operation of the Policy complies with the relevant legislation regarding the provision of health and safety and accessibility.

6.2. The legislation and regulations listed below will be taken into consideration when implementing this policy:

  • Local Government (Miscellaneous Provisions) Act 1982
  • The Building Regulations 2000 Approved Document B (Fire Safety)
  • Regulatory Reform (Fire Safety) Order 2005
  • Fire Safety (England) Regulations 2022
  • Housing Act 2004
  • Housing Health and Safety Rating System
  • Equality Act 2010
  • Anti-Social Behaviour, Crime and Policing Act 2014

6.3. Any items in communal areas have the potential to be a health and safety hazard and/or pose a serious fire risk. The Regulatory Reform (Fire Safety) Order 2005 replaces previous fire safety legislation and requires Landlords to assess the risk of fire within all its properties and take adequate precautions to reduce the risk.

6.4. The Housing Act 2004 places a duty on landlords to carry out thorough risk assessments, including fire risk assessments. Please refer to the ESC Fire Safety Strategy.

6.5. The Local Government (Miscellaneous Provisions) Act, 1982 section 41 gives Local 
Authorities the power to dispose of goods found on their premises, or deposited with them, when certain conditions are met. Where possible, a notice must be served on the owner or depositor. The legislation covers cases where the whereabouts of the owner are known and notice can be served on them, as well as situations where it is not possible to serve notice on the owner, or the owner is not known.

6.6. The application of this Policy ensures compliance with the outcomes of the Regulatory Framework for Social Housing as adopted by the Regulator for Social Housing as outlined below:

  • When acting as landlords, registered providers must take all reasonable steps to ensure the health and safety of tenants in their homes and associated communal area. (Safety & Quality Standard: Required Outcome: Health and Safety).
  • Registered providers must work co-operatively with tenants, other landlords and relevant organisations to take all reasonable steps to ensure the safety of shared spaces. (Neighbourhood & Community Standard: Required Outcome: Safety of Shared Spaces).

Roles and responsibilities

7.1. The Strategic Lead for Housing Services and the Strategic Lead for Regulatory Compliance are responsible for ensuring that this policy is adhered to.

7.2. The Housing Health and Safety Board will have oversight of this policy in respect of Fire Risk Assessments when actions are identified as a result of inspections.

7.3. The Estates and Inspections Team will carry out inspections on communal areas. During each inspection they will identify and organise the removal of items in communal areas in accordance with our Removal Procedures (See Appendices 1-4).

7.4. Caretaking and council operatives will be responsible for identifying and alerting their managers to any items they come across whilst out on the Estates to ensure that action is taken to either remove or store such items as per our Removal Procedures (See Appendices 1-4).

7.5. Residents have a responsibility to keep communal areas clear and ensure they store goods/belongings inside their homes as per the terms of their tenancies or leases, and that they adhere to fire safety advice detailed in this policy. In addition, to support the safety of all residents in their blocks, residents are encouraged to report any fire risk concerns in communal areas to East Suffolk Council.

8.1. East Suffolk Council Tenancy Agreement

8.2. East Suffolk Council Leasehold Agreement

8.3. East Suffolk Council Recharge Policy

8.4. East Suffolk Council Fire Safety Strategy

8.5. East Suffolk Council Mobility Scooter Policy

Policy Review

9.1. The Strategic Lead for Housing Services and the Strategic Lead for Regulatory Compliance will be responsible for ensuring the implementation of this policy.

9.2. We will review this policy every 3 years, or sooner if there are any changes to legislative, regulatory, best practice or operational issues.

9.3. Next review due: December 2027.

Appendices

Appendix 1: Urgent removal procedure #1:

Items in a communal area that constitute an immediate risk to life.

This procedure is for items found in a communal area that present an immediate risk to life, may present a hazard or hindrance. This may include flammable items, or items in a corridor that do not allow safe passage in the event of an emergency. Items will be removed and stored in accordance with section 41 of the Local Government (Miscellaneous Provisions) Act 1982.

  1. When we, East Suffolk Council (ESC) encounter an item in a communal area that fulfils the above criteria, we will make every effort to identify the owner: this will include knocking on the door of the closest property to the item and neighbouring properties and calling telephone numbers that we have on our systems.
  2. If we can identify the owner of the property, we will:
    1. Explain that the item/s pose an immediate risk to life, and they are required to remove them immediately.
    2. Explain why the item is an immediate risk (fire, hazard, blocking access)
    3. Advise that our Keeping Communal Areas Safe Policy requires residents to keep communal areas clear.
    4. Advise that our Tenancy Agreement states items should not be stored in communal areas.
    5. Advise that the Regulatory Reform (Fire Safety) Order 2005 states ‘routes to emergency exits from premises and the exits themselves are always kept clear’ and that we, as a local authority, have a statutory duty to comply with this legislation.
  3. If the resident agrees to remove the item/s immediately (and evidence of this is seen), we will thank them for their co-operation.
  4. If the owner has been identified, but refuses to remove the items, or states they will move them later:
    1. We will create a Miscellaneous Provisions Notice (MPN) by filling in the date, location, and description of item/s found.
    2. We will issue the MPN to the owner of the item/s, explain that the notice allows us to remove the item/s immediately, and then the item/s will be removed immediately.
  5. If the owner has not been identified:
    1. We will issue the MPN to a surface close to the item/s (wall, banister, railing or similar). The MPN will not be attached to the item as this/these item/s will be removed immediately.
    2. We will take a photo of the MPN showing it in situ next to the items. The photo will   include a clear image of the item/s, and any property details (door number) the items may be associated with.
  6. Proceed to Appendix 4: Removal and storage of items in a communal area.

Appendix 2: Non-urgent removal procedure #2:

For items in a communal area that do not constitute an immediate risk to life.

This procedure is for items found in a communal area that do not present an immediate risk to life, hazard, or hindrance. This may include items stored under a stairwell, or items in a corridor that allows safe passage past in the event of an emergency. This procedure should not be used when items present a risk to life or a hazard/hindrance. Items will be removed and stored in accordance with section 41 of the Local Government (Miscellaneous Provisions) Act 1982.

  1. When we (ESC) encounter an item in a communal area that fulfills the above criteria, we will make every effort to identify the owner: this will include knocking on the door of the closest property to the item and neighbouring properties and calling telephone numbers that we have on our systems.
  2. If the owner can be identified, we will discuss and highlight the risks of leaving items in the communal areas. We will remind residents that:
    1. We inspect areas and ask people to remove items to keep these areas safe for all to use.
    2. Our Keeping Communal Areas Safe Policy requires residents to keep communal areas clear.
    3. Our tenancy agreement states items should not be stored in communal areas.
    4. The Regulatory Reform (Fire Safety) Order 2005 states ‘routes to emergency exits from premises and the exits themselves are always kept clear’ and ESC, as a local authority, have a statutory duty to comply with this legislation.
    5. Items in communal areas may present a fire hazard.
  3. If the owner agrees to remove the item/s immediately (and evidence of this is seen), we will thank them for their co-operation.
  4. If the owner has been identified but refuses to remove the items, or states they will move them later:
    1. We will create a Miscellaneous Provisions Notice (MPN) by filling in the date, location, and description of item/s found.
    2. We will issue the MPN to the owner of the item/s, explain that the notice allows us to remove the item/s should we re-visit and find them still in the communal area.
  5. If the owner has not been identified:
    1. We will issue an MPN to the item/s by attaching it to the item, or to a surface close to the item (wall, banister, railing or similar).
    2. We will take a photo of the MPN showing it attached to, or close to the items. The photo will include a clear image of the items in situ, and any property details (door number) the items may be associated with.
  6. On expiry of the MPN (28 days after serving), we will re-visit the location.
  7. If the item/s are still in situ, we will proceed to the Removal and Storage of Items in a Communal Area Procedure (Appendix 4).

Appendix 3 - Removal procedure #3:

Mobility scooters, wheelchairs and sensitive items.

This procedure is for mobility scooters, wheelchairs, and other items whose removal may cause detriment and disadvantage to the owners. This includes pushchairs and prams. Items of this nature should not be removed unless they present an immediate risk to life. Every effort should be made to identify and work with the owner of the item to find an alternative storage option in accordance with East Suffolk Council’s Mobility Scooter Policy.

  1. When we, East Suffolk Council (ESC), encounter an item in a communal area that fulfills the above criteria, we will make every effort to identify the owner: this will include enquiring at the closest property to the item, and the neighbouring properties.
  2. Our efforts to contact the owner will also include checking relevant systems to identify and contact the owner. In the case of mobility scooters and wheelchairs, details of disabled tenants within the block may be included on our records.
  3. If the owner can be identified, we will discuss, and highlight the following by visiting or calling the owner:
    1. We will advise that the item/s pose a risk to life or present a hazard and advise that the owner is required to remove them and store them in a safe alternative location.
    2. We will explain why the item is an immediate risk (fire, hazard, blocking access)
    3. We will advise that our Keeping Communal Areas Safe Policy requires residents to keep communal areas clear.
    4. We will advise that our Tenancy Agreement states items should not be stored in communal areas.
    5. We will advise that the Regulatory Reform (Fire Safety) Order 2005 states ‘routes to emergency exits from premises and the exits themselves are always kept clear’ and that we, as a local authority, have a statutory duty to comply with this legislation.
    6. We will provide information on the risk posed by charging mobility scooters in communal areas, and in the home.
  4. If the owner agrees to remove the item/s immediately to somewhere safe (and evidence of this is seen), we will thank them for their co-operation.
  5. If the owner has no alternative storage area, or if storage of the item within the home may present a danger (mobility scooters), we will work with the resident to find an alternative storage facility, this may include:
    1. Dedicated external mobility scooter storage.*
    2. Dedicated pram and pushchair storage.
    3. Dedicated cycle storage
  6. There may be extreme cases where no safe storage can be found, in such instances we will work with the tenant to find an appropriate individual solution. This may require a welfare move in instances of mobility scooter use, where not having access to a scooter would cause detriment to their health and wellbeing.

*Prior checks will be required to ensure the use of a mobility scooter is due to a physical impairment, this may be in the form of a Blue Badge, formal documentation from a medical practitioner, NHS establishment, Social Services or Home Improvement Team request.

Appendix 4 – Removal Procedure #4:

Removal and storage of items in a communal area.

This procedure is for storage of items that have been removed from East Suffolk Council (ESC) communal areas in line with removal procedures (see Appendices 1-3). ESC will store nonperishable items which are, in our considered opinion, of value. Items will be stored in a dedicated storage space for 6 months unless, to look after it adequately would involve ESC in unreasonable expense or inconvenience, in accordance with section 41 of the Local Government (Miscellaneous Provisions) Act 1982. After which time any unrecovered property will be disposed of.

Residents may be liable for the costs of removal and disposal of any non-permitted items found in communal areas, in accordance with ESC’s Chargeable Repairs Policy.

ESC is not liable for loss or damage to any item if they have been left in a communal area.

Additionally, if there is any damage to communal areas caused by the storage of these type of items, the costs of making good the damage may be recharged to the resident.

Storage procedure

  1. The following items will not be stored and may be disposed of immediately:
    • Items which pose a significant fire risk such as petrol, or gas bottles.
    • Rubbish of any description including soiled items, clinical waste etc.
    • Highly flammable items such as upholstered chairs, sofas, textiles, mattresses, paper/card etc. where there is evidence to suggest that they have been discarded, for example, they are damaged or stained.
    • Perishable items.
    • Items which would cause ESC unreasonable expense or inconvenience to store.
  2. All other items will be transferred to locally arranged storage facilities.
  3. Each item will be labelled showing:
    • Date removed
    • Name of the person and contact details of the person who removed the item
    • Name and contact details of the officer
    • Any additional information e.g. wheel broke, owner not known.
  4. The item will remain in storage for 6 months.
  5. It is the responsibility of the owner to arrange collection of the item and reasonable appointments will be made to accommodate this.
  6. Once 6 months has passed, a Housing Officer will seek approval from a more senior manager to dispose of the item.
  7. Once the 6 months has expired the legal title to the property will transfer to East Suffolk Council and the property can be disposed of. Disposal can be either:
    • Sold
    • Donated to a local charitable organisation
    • Recycled
    • Destroyed
  8. If the item is of significant monetary value and the owner is being recharged the costs, arrangements will be made to sell the property and the proceeds used to offset any reasonable expenses incurred such as storage, transportation and administration fees.

    A record of the sale and any payments or profits will be accounted for and retained on the tenancy file for a minimum of 6 months.
  9. Where the owner has been identified, the cost of removal, storage, disposal and administration fees may be recharged in accordance with ESC’s Recharge Policy.

Appendix 5 - Example of a Miscellaneous Provisions Notice (MPN)

 

 

 

To the owner of the ………………………………………………. (“the Property”), left in ……………………………………. Communal Area, being premises owned and managed by East Suffolk Council 

Local Government (Miscellaneous Provisions) Act 1982 Section 41 

  1. You are required to collect the Property (described above) by removing it from where it is now and taking it to your own premises (or premises where you have permission to store it) by 4 p.m. on ......................................................... 

     

  2. Our contact details are at the foot of this notice if you have any questions or concerns. 

 

  1. If you do not collect the Property as required by paragraph 1 above, ownership of it will vest in the council at the time and date specified and it will be disposed of.   

 

Date………………………………………….