"EDMO" redirects here. "EDMO" is also the ICAO airport code for Oberpfaffenhofen Airport in Bavaria, Germany.
This article needs to be updated. Please help update this article to reflect recent events or newly available information.(February 2019)
Empty dwelling management orders (EDMOs) are a legal device used in England and Wales, which enable local authorities to put an unoccupied property back into use as housing. EDMOs were created by the Housing Act 2004, with the relevant legislation coming into effect in mid-2006;[1] in the three and a half years to the end of 2010, however, only 43 had been issued.
A significant number of residential properties in Britain are empty at any one time; whilst a large proportion of these are empty on a temporary basis, for example during refurbishment or during changes in ownership, many remain unoccupied for long stretches of time.[2] These properties pose a problem in two ways; they tend to decrease the quality of life in their area, by becoming magnets for vandalism and the like, and they indirectly contribute to the problem of homelessness by limiting the pool of available housing.
Local authorities have traditionally had a number of powers to force abandoned buildings back into use, most notably the power of compulsory purchase and enforced sale. In the first of these cases, the property is purchased by the council; in the second, the owner is compelled to offer it for sale in the open market. However, both of these required a forcible change of ownership, and especially with an enforced sale, there was no guarantee that the building would actually be put back into use.
In 2001, the Empty Homes Agency suggested that rather than force the properties to be sold, the local authorities could instead force them to be rented out to tenants, a "compulsory leasing" process. A parliamentary select committee adopted the idea, but government support for legislation was limited. In 2003, as the government drafted plans for housing reform, it issued consultation papers on a proposed form of "empty homes management orders", but they were not made part of the final Housing Bill. They were added to the bill, now titled as "empty dwelling management orders", in an amendment by David Kidney MP, with broad cross-party support.[3]
Whilst they had broad parliamentary support, the EDMOs were strongly criticised in some sections of the media, with the Daily Express reporting that the government wanted to seize 250,000 homes, and a columnist in the Sunday Times declaring that Britain had become a "communist country".[3] In 2015, Peter Box, spokesman for the Local Government Association, said that councils considered EDMOs "complex and difficult to use." Brandon Lewis, speaking as housing minister, said that EDMOs were "an ineffective and unpopular policy of the last administration, which undermined civil liberties and which simply didn't work."[4]
The legislation first came into force in 2006, but no orders were issued that year. As of June 2009, 24 interim EDMOs had been approved, "nearly half" of which had been approved in the preceding twelve months;[5] by the end of 2010, a total of 43 had been approved.[6]
PowersEdit
A local authority wishing to use an EDMO must apply to a residential property tribunal for approval of an interim order, the first stage in the process. The tribunal must be satisfied that the property has been empty for at least two years, as well as being heavily vandalised or actively used for "antisocial" purposes.[7] The regulations originally stated that a house simply had to be unoccupied for six months and not likely to be occupied in the near future, with a good chance that if an EDMO was granted it would be put back into use.[8] However, this period was extended by the Coalition government following the 2010 United Kingdom general election,[7] with the new policy coming into force in November 2012.[9] The new regulations also require that the property be "causing a nuisance for the community", and that there is local support for the use of an EDMO.[10]
Certain classes of property are completely exempt – houses temporarily unoccupied because the resident is in care, for example, or holiday homes. Properties in the process of being sold or let are likewise exempt. The tribunal is not required to grant requests which comply with the requirements, and where it does grant the request there is an appeals process for property owners.[11] The orders cannot be granted for partly occupied buildings – so it cannot be used on an empty set of lodger's rooms within a house – or for non-residential properties.[12]
Once an interim EDMO has been granted, it lasts for up to twelve months, during which the authority works with the owner to try and agree a way to put the property back into use. The authority is considered legally in possession (in control) of the property during this time, but does not gain legal ownership; it can change the locks but not sell the house. If no agreement is reached during this time, and the building remains unoccupied, the authority may make a final EDMO, which lasts for up to seven years.[12] A final EDMO differs from an interim EDMO in that the authority is not required to obtain the owner's consent before finding a tenant for the property.[13] If the authority fails to find an occupier for the property, or decides it cannot reasonably get the property occupied, it must hand back possession to the owner.[12]
When a tenant has been found under the EDMO, the rent is paid to the local authority, who are able to recover any costs they may have incurred by taking possession of the property and making it habitable, as well as the routine costs of maintenance and letting. However, any money over and above these costs is to be paid to the owner of the property.[14]
NotesEdit
^Wilson, Wendy; Cromarty, Hannah; Barton, Cassie (21 October 2020). "Empty Housing (England)" (PDF). House of Commons Library. UK Parliament. Briefing Paper 3012. Retrieved 2 September 2021.
^"More than 11,000 UK homes empty for 10 years". BBC News. 1 January 2018. Retrieved 1 January 2018.
^ ab"Story So Far...", Guide to Empty Dwelling Management Orders
^Osborne, Hilary (11 February 2015). "Powers to bring empty houses into use 'ignored'". The Guardian. London. Retrieved 20 February 2019.
^House of Lords written answer by Lord McKenzie of Luton, 24 June 2009
^House of Commons written answer by Andrew Stunell, 1 February 2011
^ abHouse of Commons statement by Eric Pickles, 10 January 2011
^Empty Dwelling Management Orders: Guidance for residential property owners, p.3
^The Housing (Empty Dwelling Management Orders) (Prescribed Period of Time and Additional Prescribed Requirements) (England) (Amendment) Order 2012. Statutory Instrument 2012 no. 2625.
^Empty Dwelling Management Orders: Guidance for residential property owners, p.4
^Empty Dwelling Management Orders: Guidance for residential property owners, p.1
^Empty Dwelling Management Orders: Guidance for residential property owners, p.10
ReferencesEdit
Text of the Housing Act 2004 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
Empty Dwelling Management Orders: Guidance for residential property owners. Department for Communities and Local Government, October 2006.
, Empty Homes Agency
, Empty Homes Agency
August 25, 2023
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EDMO redirects here EDMO is also the ICAO airport code for Oberpfaffenhofen Airport in Bavaria Germany This article needs to be updated Please help update this article to reflect recent events or newly available information February 2019 Empty dwelling management orders EDMOs are a legal device used in England and Wales which enable local authorities to put an unoccupied property back into use as housing EDMOs were created by the Housing Act 2004 with the relevant legislation coming into effect in mid 2006 1 in the three and a half years to the end of 2010 however only 43 had been issued Boarded up housing in Salford Contents 1 Background 2 Powers 3 Notes 4 ReferencesBackground EditA significant number of residential properties in Britain are empty at any one time whilst a large proportion of these are empty on a temporary basis for example during refurbishment or during changes in ownership many remain unoccupied for long stretches of time 2 These properties pose a problem in two ways they tend to decrease the quality of life in their area by becoming magnets for vandalism and the like and they indirectly contribute to the problem of homelessness by limiting the pool of available housing Local authorities have traditionally had a number of powers to force abandoned buildings back into use most notably the power of compulsory purchase and enforced sale In the first of these cases the property is purchased by the council in the second the owner is compelled to offer it for sale in the open market However both of these required a forcible change of ownership and especially with an enforced sale there was no guarantee that the building would actually be put back into use In 2001 the Empty Homes Agency suggested that rather than force the properties to be sold the local authorities could instead force them to be rented out to tenants a compulsory leasing process A parliamentary select committee adopted the idea but government support for legislation was limited In 2003 as the government drafted plans for housing reform it issued consultation papers on a proposed form of empty homes management orders but they were not made part of the final Housing Bill They were added to the bill now titled as empty dwelling management orders in an amendment by David Kidney MP with broad cross party support 3 Whilst they had broad parliamentary support the EDMOs were strongly criticised in some sections of the media with the Daily Express reporting that the government wanted to seize 250 000 homes and a columnist in the Sunday Times declaring that Britain had become a communist country 3 In 2015 Peter Box spokesman for the Local Government Association said that councils considered EDMOs complex and difficult to use Brandon Lewis speaking as housing minister said that EDMOs were an ineffective and unpopular policy of the last administration which undermined civil liberties and which simply didn t work 4 The legislation first came into force in 2006 but no orders were issued that year As of June 2009 24 interim EDMOs had been approved nearly half of which had been approved in the preceding twelve months 5 by the end of 2010 a total of 43 had been approved 6 Powers EditA local authority wishing to use an EDMO must apply to a residential property tribunal for approval of an interim order the first stage in the process The tribunal must be satisfied that the property has been empty for at least two years as well as being heavily vandalised or actively used for antisocial purposes 7 The regulations originally stated that a house simply had to be unoccupied for six months and not likely to be occupied in the near future with a good chance that if an EDMO was granted it would be put back into use 8 However this period was extended by the Coalition government following the 2010 United Kingdom general election 7 with the new policy coming into force in November 2012 9 The new regulations also require that the property be causing a nuisance for the community and that there is local support for the use of an EDMO 10 Certain classes of property are completely exempt houses temporarily unoccupied because the resident is in care for example or holiday homes Properties in the process of being sold or let are likewise exempt The tribunal is not required to grant requests which comply with the requirements and where it does grant the request there is an appeals process for property owners 11 The orders cannot be granted for partly occupied buildings so it cannot be used on an empty set of lodger s rooms within a house or for non residential properties 12 Once an interim EDMO has been granted it lasts for up to twelve months during which the authority works with the owner to try and agree a way to put the property back into use The authority is considered legally in possession in control of the property during this time but does not gain legal ownership it can change the locks but not sell the house If no agreement is reached during this time and the building remains unoccupied the authority may make a final EDMO which lasts for up to seven years 12 A final EDMO differs from an interim EDMO in that the authority is not required to obtain the owner s consent before finding a tenant for the property 13 If the authority fails to find an occupier for the property or decides it cannot reasonably get the property occupied it must hand back possession to the owner 12 When a tenant has been found under the EDMO the rent is paid to the local authority who are able to recover any costs they may have incurred by taking possession of the property and making it habitable as well as the routine costs of maintenance and letting However any money over and above these costs is to be paid to the owner of the property 14 Notes Edit Wilson Wendy Cromarty Hannah Barton Cassie 21 October 2020 Empty Housing England PDF House of Commons Library UK Parliament Briefing Paper 3012 Retrieved 2 September 2021 More than 11 000 UK homes empty for 10 years BBC News 1 January 2018 Retrieved 1 January 2018 a b Story So Far Guide to Empty Dwelling Management Orders Osborne Hilary 11 February 2015 Powers to bring empty houses into use ignored The Guardian London Retrieved 20 February 2019 House of Lords written answer by Lord McKenzie of Luton 24 June 2009 House of Commons written answer by Andrew Stunell 1 February 2011 a b House of Commons statement by Eric Pickles 10 January 2011 Empty Dwelling Management Orders Guidance for residential property owners p 3 Wilson Wendy 2012 Empty Dwelling Management Orders EDMOs Commons Library Standard Note The Housing Empty Dwelling Management Orders Prescribed Period of Time and Additional Prescribed Requirements England Amendment Order 2012 Statutory Instrument 2012 no 2625 Empty Dwelling Management Orders Guidance for residential property owners p 4 a b c Empty Dwelling Management Orders Guidance for residential property owners p 5 Empty Dwelling Management Orders Guidance for residential property owners p 1 Empty Dwelling Management Orders Guidance for residential property owners p 10References EditText of the Housing Act 2004 as in force today including any amendments within the United Kingdom from legislation gov uk Empty Dwelling Management Orders Guidance for residential property owners Department for Communities and Local Government October 2006 Empty Dwellings Management Orders The Facts 2006 Empty Homes Agency Guide to Empty Dwelling Management Orders Empty Homes Agency Retrieved from https en wikipedia org w index php title Empty dwelling management order amp oldid 1096486288, wikipedia, wiki, book, books, library,
