Abandoned and untaxed vehicles

We are committed to working with the council and partner agencies to achieve a cleaner, safer, greener environment for the benefit of all residents.

Abandoned vehicles are a blight on the landscape, and can be a target for vandalism and arson.

The removal of abandoned vehicles on council housing land is governed by Sections 11-13 and 15-17 of the Clean Neighbourhoods and Environment Act 2005. The duty under this Act applies to all land in the open air or any land forming part of a highway and includes access roads through estates.

Definition of an abandoned vehicle

There is no legal definition of an abandoned vehicle, in other words the circumstances indicate that the owner has no further interest in it. Although it does not have to satisfy any or all of the following examples, DEFRA (Department for Environment, Food and Rural Affairs) guidance is that these and similar considerations are to be used by our officers in deciding whether or not a vehicle has been abandoned:

• Untaxed or no SORN, with:
• no registered keeper on the DVLA record
• remained stationary for a significant period of time
• flat tyre(s)
• broken windows
• badly damaged or unroadworthy
• burnt out
• one or more registration plates missing
• contains waste
• taxed (including out of date tax) and one or more of the conditions above applying

A vehicle does not have to meet all the above criteria for it to be considered as being abandoned. No individual criterion is essential in every case; it is sufficient that any one or more of the criteria are present.

It is at the discretion of the investigating officer who will have regard to all the individual circumstances in reaching a decision. For instance, although it would be unusual, a vehicle could be in tax and still considered as abandoned.

Conversely, a vehicle that has no tax is not necessarily abandoned. DEFRA guidance however is that is in no case sufficient that a vehicle is untaxed/SORNed; one or more of the other criteria must also be present to justify a decision of abandonment.

Council's Tenancy Agreement on Untaxed Vehicles

In addition to the legislation regarding abandoned vehicles under the Clean Neighbourhoods and Environment Act 2005, council tenants are also subject to clause I of Brent Council's tenancy agreement.

Residents reporting abandoned vehicles to us

If any resident is concerned about an abandoned vehicle they can contact the Neighbourhood Services team on:

• Telephone: 020 8937 2400
• email neighbourhood.services@bhphousing.co.uk
• complete an online referral form

If the vehicle is found not to be on housing land, the Neighbourhood Services officer will refer the matter to the council's Streetcare department who have powers to deal with vehicles on all open land, highways and roads within Brent.

The procedure for the removal and disposal of vehicles on council housing estates managed by us is set out in a abandoned and untaxed vehicles flowchart and guidance notes below.

Guidance on vehicles that do not meet the 'abandoned' criteria

Untaxed vehicles

A vehicle which is untaxed but otherwise does not fall into one of the categories shown in 'Definition of Abandoned Vehicle' is not necessarily abandoned.

Every effort must be made to trace the owner by supplying the vehicle registration details to the DVLA via the council's Streetcare team.

If the owner can be traced, a 15 day Notice must be served on the owner requesting removal from housing land. Only if the owner does not respond within the 15 day period, or fails to comply with the request to remove the vehicle should a further 7 day Notice be served advising that the vehicle will disposed of.

Disposal can be by scrapping the vehicle or by sale if the value is over £2000. If the owner cannot be traced the vehicle should be considered abandoned and the procedure shown in the flowchart followed.

Taxed vehicles

Similar conditions apply to taxed vehicles (whether out of date or current tax) whose condition is such that in the opinion of the Officer may not be abandoned.

For example the vehicle may be in relatively good condition but is lacking one or more number plates. Every effort must be made to contact the owner of the vehicle via the DVLA (from the vehicle registration or from details taken on the current or out of date tax disc displayed) and a 15 day Notice must be served on the owner requesting removal from housing land.

Only if the owner does not respond within the 15 day period, or fails to comply with the request to remove the vehicle should a further 7 day Notice be served advising that the vehicle will disposed of.

Disposal can be by scrapping the vehicle or by sale if the value is over £1000.

Guidance on occupied land

In cases where our officer deems a vehicle to be abandoned on land that is occupied, the Clean Neighbourhoods and Environment Act 2005 states that the occupier (the tenant, leaseholder, or freeholder) must be given a 15 day notice of intention to remove the vehicle.

The Act states that the local authority is not entitled to remove the vehicle if the occupier objects to the proposal within the 15 day notice period. The Council's Legal Department have confirmed in May 2010 that if the tenant does not respond within the 15 days then it can be treated as an abandoned vehicle left on land in the open air, as it is only when the tenant objects that the process is halted.

Brent Council's Tenancy Agreement allows tenants to park untaxed vehicles on their own drives. However this does not apply to vehicles which would fall within the definition of an 'abandoned' vehicle e.g. one which is badly damaged, vandalised, flat tyres or missing number plates or any of the other conditions which would lead an Officer to believe the vehicle has been abandoned.

Guidance on Disposal

Vehicles valued at over £1000 should be sold. Officers trying to determine the value of the vehicle should refer to the 'Glass's Guide' which indicates the second hand value based on the condition and age of the vehicle.

The proceeds of the sale must be recorded and kept in a 'Vehicle Disposal' account. The owner of the sold vehicle can claim back the proceeds of the sale up to 12 months following the date of issue of the 7 day Notice, less an administration fee of £150 and any costs associated with the removal of the vehicle.