Ben

Thank you for your email about the Daily Mail article regarding Empty Dwelling Management Orders.

Firstly, there are two types of Empty Dwelling Management Orders (EDMOs) - an Interim EDMO, approval for which needs to be obtained by the local authority from the Residential Property Tribunal (RPT) and which can last up to 12 months, and a final EDMO, which does not need approval from the RPT and which can last up to 7 years. In the case of the Interim EDMO, local authorities would need to seek the consent of the property owner before letting out the property to tenants.

However, there are circumstances where a property is vacant for genuine reasons and there are exemptions to cover these circumstances. One such exemption is where a property is vacant because of the death of the previous owner. In this case, the dwelling would be automatically excepted until 6 months after grant of representation (probate) is obtained, however long this process may take. This exception recognises that for most families the process of going through probate is difficult to deal with on top of their loss. It is however the case that many of the problems caused by empty homes stem from an extended period of vacancy following the death of the previous occupier and it is right that the legislation takes account of this.

The legislation which contains these provisions (Housing Act 2004), came into force on 6 April and from 6 July, Residential Property Tribunals can consider applications for an Interim Empty Dwelling Management Order, put forward by the local authority. The leaflet, referred to in the article, is aimed at property owners and explains the terms of the legislation to them and how it might affect any property they have. You can access this leaflet from our web site at www.communities.gov.uk/emptyhomes

I hope this is helpful.

Regards,
Rachel Edwards
Private Rented Sector Branch
Department for Communities and Local Government

So, there you have it. In essence, the Daily Mail story is correct. Your council can - six months after you inherit a property - take over possession (not ownership) if it's not being used or it's not on the market. And - yes - that may scupper those holding off for a seasonal change in market conditions before selling a family home. However the Government leaflet mentioned in Ms Edwards' email (download the leaflet as a pdf by clicking this) lists the exceptions... one of which is the suggestion that the property's in occasional use. Ultimately, though, it's very much in the contemporary style of Government legislation - a great deal of room for maneuver and reliance on the good judgment and reasonableness of decision-making tribunals and local officials. Expect the first property owner to fall foul of a super-officious counciller to tell his story to the Daily Mail some time toward the end of 2007.

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