On 6 April 2006, The Housing Act 2004 introduced Empty Dwelling Management Orders (EDMOs). The intention of EDMOs is to bridge the gap between voluntary measures proposed by the property owners and the existing enforcement procedures, such as compulsory purchase.
There are two types of EDMO; an interim EDMO and a final EDMO. An interim EDMO lasts for a maximum period of 12 months. During this period the housing authority cannot arrange occupation of the property without seeking the consent of the owner. In effect, this means the owner has a final opportunity to reach an agreed solution. Where such agreements cannot be reached, an interim EDMO can be revoked and replaced with a final EDMO. A final EDMO lasts for a fixed period between one and seven years. The council does not require the consent of the owner to grant occupation rights under a final EDMO.
The council may make an application for an interim EDMO to a Residential Property Tribunal. A final EDMO may follow the revocation of an interim EDMO without the authorisation of the Residential Property Tribunal.
To satisfy the requirements of the Residential Property Tribunal, the authority must:
-
Notify the property owner that they are considering applying for an interim EDMO, giving the owner three months notice of an order being made.
-
Ascertain what steps the property owner is taking, or intending to take, to secure the property is occupied.
-
Be satisfied that the property has been vacant for at least 24 months.
-
Be satisfied that there is no reasonable prospect that the dwelling will become occupied in the near future,
-
Be satisfied that the EDMO will provide a reasonable prospect that the dwelling will become occupied.
-
Demonstrate that the empty home affects neighbours by having become magnets for vandalism, squatters and other forms of anti-social behaviour -blighting the local neighbourhood."
The following categories of vacant dwellings are excluded from EDMOs:
-
Dwellings which are the sole residence of the owner who is temporarily resident elsewhere;
-
Dwellings that are holiday homes;
-
Dwellings undergoing repairs or renovations;
-
Dwellings in respect of which an application for planning permission or building control approval is outstanding; and
-
Dwellings which are genuinely on the market for sale or letting.
Whilst an interim EDMO is in force, the council must take steps to ensure the dwelling becomes and remains occupied. It must also secure the proper management of the dwelling pending either the making of a final EDMO or revocation of the interim EDMO. To comply with this duty the council is entitled to take possession of the dwelling, may appoint a manager and is entitled to receive rents (any surplus monies after deduction of expenses must be paid to the property owner).
When a final EDMO is in force, the council must also provide a management scheme for the dwelling setting out how it intends to manage the dwelling throughout the 7 year period.
There is no right of appeal against the making of an interim or final EDMO.
