Powers to bring properties back into use .
There are two notices available to the Local Housing Authority that enable it to take steps for securing that a dwelling becomes and continues to be occupied. These are found in sections 132 and 133 of the Housing Act 2004. They are the interim Empty Dwelling Management Order (EDMO) and the Final EDMO. These can only be served following investigation by the local housing authority as to the intentions of the owner of the property. Additional provisions are found in the Housing (Management Orders and Empty Dwelling Management Orders) (Supplemental Provisions)(England) Regulations 2006.
There are two notices available to the Local Housing Authority that enable it to take steps for securing that a dwelling becomes and continues to be occupied. These are found in sections 132 and 133 of the Housing Act 2004. They are the interim Empty Dwelling Management Order (EDMO) and the Final EDMO. These can only be served following investigation by the local housing authority as to the intentions of the owner of the property. Additional provisions are found in the Housing (Management Orders and Empty Dwelling Management Orders) (Supplemental Provisions)(England) Regulations 2006.
Interim and Final Empty Dwelling Management Orders (EDMO)
An Interim EDMO is an order made to enable a Local Housing Authority, with the consent of the proprietor, to ensure that a property is and continues to be occupied. The Order can be applied to a building or part of a building that was intended to be occupied.
The relevant proprietor is defined as -
Making of Interim EDMOs
An Interim EDMO can only be made where a dwelling is wholly unoccupied and it is not a public sector property and wholly unoccupied means that no part is occupied whether lawfully or unlawfully. The LHA must, however, take steps to notify the relevant proprietor and they must consider his intentions for the property to ensure it becomes and remains occupied. The LHA must also consider the rights of the wider community also. The LHA can make the EDMO even though an appeal is made to the Residential Property Tribunal (RPT)
The LHA makes an application to an RPT who can authorize the LHA to make the order.. The RPT must be satisfied that
DUTIES OF THE LHA WHERE AN INTERIM EDMO IS IN FORCE
The LHA must as soon as is practicable after making the EDMO take steps to ensure that the property becomes occupied and continues to be so. They must take such other steps regarding the management of the property pending the making of the Final EDMO or the revocation of the Interim EDMO. However if there are no steps they can take they may either make the Final EDMO or Revoke the Interim EDMO without taking any other action. The LHA must, however, take steps whilst the INTERIM or FINAL EDMO is in force to ensure that reasonable provision is made for insurance of the dwelling against fire or other causes.
Making the FINAL EDMO
A final EDMO can be made to replace an Interim EDMO if -
COMPENSATION
If the RPT considers that a third party has suffered interference they make make an order for compensation. The compensation is payable by the LHA to the third party. It is the RPT that makes the order for compensation and the order may be requested by the LHA or the third party. The LHA can specify within a Final EDMO the compensation available.
Schedule 7 of the Housing Act 2004 contains further detail regarding Interim and Final EDMOs.
An Interim EDMO is an order made to enable a Local Housing Authority, with the consent of the proprietor, to ensure that a property is and continues to be occupied. The Order can be applied to a building or part of a building that was intended to be occupied.
The relevant proprietor is defined as -
- if the dwelling is let under one or more leases with an un expired term of 7 years or more, the lessee under whichever of those leases has the shortest un expired time.
- a person who has the freehold estate or
- any other person with an interest in the property (third party)
Making of Interim EDMOs
An Interim EDMO can only be made where a dwelling is wholly unoccupied and it is not a public sector property and wholly unoccupied means that no part is occupied whether lawfully or unlawfully. The LHA must, however, take steps to notify the relevant proprietor and they must consider his intentions for the property to ensure it becomes and remains occupied. The LHA must also consider the rights of the wider community also. The LHA can make the EDMO even though an appeal is made to the Residential Property Tribunal (RPT)
The LHA makes an application to an RPT who can authorize the LHA to make the order.. The RPT must be satisfied that
- The property has been unoccupied for at least six months
- There is no reasonable prospect that the property will be or will become occupied
- If an Interim EDMO is made there is reasonable prospect of the property being occupied
- That section 133(3) has been complied with (general provisions for EDMOs)
- Any other prescribed requirements are met.
- The interests of the community
- The effect to Order will have on the rights of the relevant proprietor and any third parties.
DUTIES OF THE LHA WHERE AN INTERIM EDMO IS IN FORCE
The LHA must as soon as is practicable after making the EDMO take steps to ensure that the property becomes occupied and continues to be so. They must take such other steps regarding the management of the property pending the making of the Final EDMO or the revocation of the Interim EDMO. However if there are no steps they can take they may either make the Final EDMO or Revoke the Interim EDMO without taking any other action. The LHA must, however, take steps whilst the INTERIM or FINAL EDMO is in force to ensure that reasonable provision is made for insurance of the dwelling against fire or other causes.
Making the FINAL EDMO
A final EDMO can be made to replace an Interim EDMO if -
- They consider unless the Final EDMO is made in respect of the dwelling the dwelling will remain unoccupied.
- Where the dwelling is unoccupied they have taken all steps as it was appropriate to take under the Interim EDMO.
COMPENSATION
If the RPT considers that a third party has suffered interference they make make an order for compensation. The compensation is payable by the LHA to the third party. It is the RPT that makes the order for compensation and the order may be requested by the LHA or the third party. The LHA can specify within a Final EDMO the compensation available.
Schedule 7 of the Housing Act 2004 contains further detail regarding Interim and Final EDMOs.