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Information affecting the prioritisation of empty property action (i.e. Local Housing Demand and
Priority Ward Area) will be reviewed on an annual basis to ensure that intervention remains
responsive to changing needs. (See appendix 1 for current prioritisation criteria)
Enforced Sale Procedure
Local authorities have the statutory power to force the sale of a property through the Law of
Property Act 1925 s103. Where local authorities have carried out work in default under some of the
above legislation and are unable to recover the debt, it is possible under this legislation to register a
charge on the property. This recharge can then be recovered by way of an enforced sale. The
property then passes onto a new owner who would hopefully complete any necessary
refurbishment and thereby bring the property back into use.
Empty Dwellings Management Orders (EDMO)
Introduced by the Housing Act 2004 and enacted in 2006, Empty Dwelling Management Orders
(EDMO) provide a relatively new tool for local authorities to tackle empty homes. The EDMO is a
mechanism by which local authorities can secure occupation of a long-term empty property and
take over management control of the dwelling. Two forms of EDMO exist, an interim EDMO and a
final EDMO. An Interim EDMO Order should be considered as the final opportunity to find a
voluntary solution with the owners to bring the property back into use. In order to obtain an Interim
EDMO, an application must be made to the Residential Property Tribunal Service (RPTS). To
obtain an Interim EDMO the Residential Property Tribunal Service must be satisfied that:
a) the property is not exempt according to the Housing Strategy Statistical Appendix (HSSA);
b) that the owner has been notified that the Council is going to apply for an EDMO;
c) that the Council attempted to ascertain what steps the owner is taking to bring the property
back into use (and the details of the action taken);
d) the property must have been empty for at least 6 months;
e) that by generating the Order, there is a reasonable prospect of the property being brought
back into use.
If these matters are satisfied, the Residential Property Tribunal Service will then balance the rights
of the owner against those of the wider community in making their decision.
This device provides an alternative enforcement action and is subject to approval of a Residential
Property Tribunal. The resource implications for the making of an EDMO are quite considerable
and very recent Government proposals will attach more stringent conditions as to the suitability of a
property for EDMO. However the Council will look to include this measure as a part of the
enforcement toolkit and would propose to make use of a local Registered Provider to act as
managing agent. It is likely that properties which only require relatively low levels of refurbishment
work would be suitable for this procedure so as to enable the monies to be recovered from the
rental income. The option of voluntary private sector leasing currently being developed may
encourage more proactive involvement from owners so as to negate the need for EDMO.
Conversely, the case for EDMO is strengthened if owners have access to a voluntary scheme but
still refuse to take measures which would lead to the reoccupation of their property.
Compulsory Purchase Orders
Compulsory Purchase Order is the mechanism by which a property can be purchased without the
voluntary agreement of the owner if the circumstances meet set criteria through s17 of the Housing
Act 1985. Applications for CPO of individual properties can be made if the property is required to
meet local housing needs, if it has a detrimental effect on the neighbourhood or if it is part of a wider