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Interim and Final Management Orders
The interim management order is used by the Local Housing Authority to protect the health and safety of occupiers of a house or neighbouring premises and promote the house's property management. A final management order is an order made (expiring up to 5 years hence) for the purpose of securing the proper management of the house on a long term basis in accordance with a management scheme contained in the order (section 101 Housing Act 2004) .

Interim and Final Management orders
Introduction

An interim management order is an order which is made for the purpose of securing that the following steps are taken in relation to the house, and should expire not more than 12 months after it is made:-

  1. Any  immediate steps which the authority consider necessary to protect the health, safety or welfare of persons occupying the house, or persons occupying or having an estate or interest in any premises in the vicinity, and
  2. Any other steps which the authority think appropriate with a view to the proper management of the house pending a grant of a licence in respect of the house or the making of a final management order in respect of it (or, if appropriate, the revocation of the interim management order).
The Making of an Interim Management Order

1. A local housing authority-

  1. Are under a duty to make an interim management order in respect of a house in a case within subsection (2) or (3), and
  2. Have power to make an interim management order in respect of a house in a case within subsection (4) or (7).
2. The authority must make an interim management order in respect of a house if-

    1. It is an HMO or a part 3 house which is required to be licensed under Part 2 or Part 3 but is not licensed, and
    2. They consider either-
      1. That there is no reasonable prospect of its being so licensed in the near future, or
      2. That the health and safety condition is satisfied.
3. The authority must make an interim management order in respect of a house if-

    1. It is an HMO or part 3 house which is required to be licensed under Part 2 or Part 3 and is not so licensed,
    2. They have revoked the licence concerned but the revocation is not yet in force, and
    3. They consider either-
      1. That, on the revocation coming into force, there will be no reasonable prospect of the house being so licensed in the near future, or
      2. That, on the revocation coming into force, the health and safety condition will be satisfied.
4. The authority may make an interim management order in respect of a house if-

    1. It is an HMO other than that is required to be licensed under Part 2, and
    2. On an application by the authority to a residential property tribunal, the tribunal by order authorises them to make such an order, either in the terms of a draft order submitted by them or in those terms as varied by the tribunal;
and the authority may make such an order despite any pending appeal against the order of he tribunal (but this is without prejudice to any order that may be made on the disposal of any such appeal

5. The tribunal may only authorise the authority to make an interim management order under subsection (4) if it considers that the health and safety condition is satisfied.
           
6. In determining whether to authorise the authority to make an interim management order in respect of an HMO under subsection (4), the tribunal must have regard to the extent to which any applicable code of practice has been complied with in respect of the HMO in the past.

7. The authority may make an interim management order in respect of  house if-

    1. It is a house which the section, further on, on special interim management orders, applies, and     
    2. On an application by the authority to a residential property tribunal, the tribunal by order authorises them to make such an order, either in the terms of a draft order submitted by them or in those terms as varied by the tribunal;
and the authority may make such an order despite any pending appeal against the order of he tribunal (but this is without prejudice to any order that may be made on the disposal of any such appeal).
Subsections (2) and (6) of Special interim management orders, which you can find further on, apply in relation to the power of a residential property tribunal to authorise the making of an interim management order under this subsection.

8. The authority may make an interim management order which is expressed not to apply to a part of the house that is occupied by a person who has an estate or interest in the whole of the house.

In relation to such an order, a reference to this chapter  to  “the house” does not include the part so excluded (unless the context requires otherwise, such as where the reference is to the house as an HMO or a Part 3 house).

9. Nothing in this section requires or authorises the making of an interim management order in respect of  house if-

    1. An interim management order has been previously made in respect of it, and
    2. The authority have not exercised any relevant function in respect of the house at any time after the making of the interim management order.
10. In subsection (9) “relevant function” means the function of-

    1. Granting a licence under Part 2 or 3,
    2. Serving a temporary exemption notice under section 62 or section 86, or
    3. Making a final management order under section 113.
Prescribed Circumstances for Authorisation of Interim Management Orders to which this order applies

The following circumstances are prescribed for the purposes of section 103 (3) of the Act-

  1. The area in which the house is located is experiencing a significant and persistent problem caused by anti-social behaviour;
  2. That problem is attributable, in whole or in part, to the anti-social behaviour of an occupier of the house;
  3. The landlord of the house is a private sector landlord;
  4. The landlord of the house is failing to take action to combat the problem that it would be appropriate for him to take; and
  5. The making of an interim management order, when combined with other measures taken in the area by the local housing authority, or by other persons together with the local housing authority, will lead to a reduction in, or elimination of, that problem.
Special Interim Management Orders

1. This section applies to a house if the whole of it is occupied either-

    1. Under a single tenancy or licence that is not an exempt tenancy or licence under section 79(3) or (4), or
    2. under two or more tenancies or licences in respect of different dwellings contained in it, none of which is an exempt tenancy or licence under section 79(3) or (4).
2. A residential property tribunal may only authorise the authority to make an interim management order in respect of such a house under section 102(7) if it considers that both of the following conditions are satisfied.    

3. The first condition is that the circumstances relating to the house fall within any category of circumstances prescribed for the purposes of this subsection by an order under subsection (5)

4. The second condition is that the making of the order is necessary for the purpose of protecting health, safety or welfare of persons occupying, visiting or otherwise engaged in lawful activities in the vicinity of the house.

5. The appropriate authority may by order-

    1. Prescribe categories of circumstances for the purposes of subsection (3),
    2. Provide for any of the provisions of this Act to apply in relation to houses to which this section applies, or interim or final management orders made in respect of them, with any modifications specified in the order.
6. The categories prescribed by an order under subsection (5) are to reflect one or more of the following-

    1. The first or second set of general conditions mentioned in subsection (3) or (6) of section 80, or
    2. Any additional set of conditions specified under subsection (7) of that section,
but (in each case) with such modifications as the appropriate national authority considers appropriate to adapt the to the circumstances of a single house.

7. In this section “house” has the same meaning as in Part 3.

8. In this Chapter-

    1. Any reference to “the house” in relation to an interim management order under section 102 (7), is a reference to the house to which the order relates, and
    2. Any such reference includes (where the context permits) a reference to any yard, gardens, outhouses and appurtenances belonging to, or usually enjoyed with, it (or any part of it).
Making of Final Management Orders

1. A local housing authority who have made an interim management order in respect of a house under section 102 (“the IMO”)-

    1. Have a duty to make a final management order in respect of the house in a case within subsection(2), and
    2. Have power to make such an order in a case within subsection(3).
2. The authority must make a final management order so as to replace the IMO as from its expiry date if-

    1. On that date the house would be required to be licensed under Part 2 or 3 of this Act
    2. The authority consider that they are unable t grant a licence under Part 2 or 3 in respect of the house that would replace the IMO as from that date.
3.The authority may make a final management order so as to replace the IMO as from its expiry date if-

    1. On that date the house will not be one that would be required to be licensed as mentioned in subsection (2)(a), and
    2. The authority consider that making the final management order is necessary for the purpose of protecting, on a long term basis, the health, safety or welfare of persons occupying the house, or persons occupying or having an estate or interest in any premises in the vicinity.
4. A local housing authority who have made a final management order in respect of a house under this section (“the existing order”)-

    1. Have a duty to make a final management order in respect of a house in a case within subsection (5), and
    2. Have power to make such an order in a case within subsection (6).
5. The authority must make a new final management order so as to replace the existing order as from its expiry date if-

    1. On that date the condition within subsection(2)(a) will be satisfied in relation to the house, and
    2. The authority consider that they are unable to grant a licence under Part 2 or 3 in respect of the house that would replace the existing order as from that date.
6. The authority may make a new final management order so as to replace the existing order as from its expiry date if-

    1. On that date the condition in subsection (3)(a) will be satisfied in relation to the house, and
    2. The authority consider that making the new order is necessary for the purpose of protecting, on a long term basis, for health, safety or welfare of persons within subsection(3)(b).
7. The authority may make a final management order which is expressed not to apply to a part of the house that is occupied by a person who has an estate or interest in the whole of the house.

In relation to such an order, a reference in this Chapter to “the house” does not include the part so excluded (unless the context requires otherwise, such as where the reference is to the house as an HMO or a Part 3 house).

8. In this section “expiry date”, in relation to an interim or final management order, means-

    1. Where the order is revoked, the date as from which it is revoked, and
    2. Otherwise the date on which the order ceases to have effect under 105 or 114;
and nothing in this section applies in relation to an interim or final management order which has been revoked on an appeal under Part 3 of Schedule 6.