
1 

(1) This Order may be cited as the Introductory Tenancies (Abandoned Property) Order (Northern Ireland) 2010 and shall come into operation on 17th December 2010.
(2) In this Order “the 2003 Order” means the Housing (Northern Ireland) Order 2003.
2 
Where property is found in a dwelling–house to which Article 19A of the 2003 Order applies, the landlord shall immediately serve a notice in writing on the tenant that the property is available for delivery to the tenant at a place specified in the notice, on payment of any sum payable in accordance with Article 5 of this Order and that if the property is not collected by the tenant from the specified place on or before the date specified in the notice (being a date not less than 28 days from the date of service of the notice and not earlier than the date on which the landlord repossesses the dwelling–house), the landlord may dispose of the property in accordance with the provisions of this Order.
3 

(1) Subject to paragraph (2), property, in respect of which a notice under Article 2 has been served on the tenant and which has not been collected by the date specified in the notice, shall be stored by the landlord for a period of 6 months from the date on which the landlord took possession of the dwelling–house and, after expiry of that period, the landlord may sell any item remaining in the landlord’s custody.
(2) Paragraph (1) shall not apply to any property the value of which would not, in the opinion of the landlord, exceed the amount which the landlord would be entitled to deduct under Article 7 in respect of storage costs from the proceeds of any sale of such item.
4 
Where any property (to which paragraph (1) of Article 3 does not apply and in respect of which a notice under Article 2 has been served on the tenant) has not been collected by the date specified in the notice, the landlord may sell or otherwise dispose of it in the manner which the landlord considers is most expedient.
5 
Where at any time prior to the sale or disposal of property under this Order the tenant, or any other person who appears to the landlord to have a right of ownership or of possession in the property, arranges for delivery to himself of any item, the landlord shall relinquish custody of that item upon receipt of a payment equal to the amount of any expense incurred by the landlord in complying with this Order in relation to that item.
6 
Nothing in Articles 2 to 5 shall prejudice the exercise by any person of any power under any enactment relating to public health or public safety.
7 
Where a landlord sells property under Article 3, the landlord may deduct from the proceeds of sale the amount of any expense incurred by the landlord in complying with this Order in relation to that property and, if any proceeds remain after deduction of such amount, the amount of any arrears of rent owed by the tenant.
8 

(1) Where a landlord has taken possession of a dwelling–house under Article 19A(5) of the 2003 Order, the landlord shall maintain a register of those dwelling–houses and shall enter full particulars of all property found in each dwelling–house in the register.
(2) The landlord shall retain entries relating to property found in a dwelling–house on the register for the period of 5 years from the date on which the landlord took possession of the house.
(3) The landlord shall make the register available for inspection by members of the public at all reasonable times.
Sealed with the Official Seal of the Department for Social Development on 14th October 2010
Heather Cousins
A senior officer of the
Department for Social Development
