Government to slash waiting times to tackle empty homes

Changes to the way Empty Dwelling Management Orders (EDMOs) are used have been announced this week, cutting the time a property can lie empty before councils can take action. 

Reforms will allow local authorities to apply to take over properties after they have lain empty for just six months – down from the current two-year timeframe. 

Additional changes mean that local authorities will no longer need to provide evidence to the First-tier Tribunal suggesting the property is a nuisance to the community or that the community is supportive of the EDMO. 

What is an Empty Dwelling Management Order?

EDMOs allow local authorities to apply to the First-Tier Tribunal for orders to take over empty private sector properties to bring back into use. 

If the tribunal grants the order, the council then takes control of the property and manages it, moving tenants in and passing any rent – minus running costs – to the landlord. 

They have been available to local authorities for more than 20 years, although tend to be used a ‘last resort’ where talks between councils and property owners have been unsuccessful. 

This announcement follows Andy Burnham’s party conference speech in which he vowed to give councils the power to take control of empty or low quality private rented sector homes, to bring them back into the public housing stock. 

He told the conference in Liverpool that landlords of the worst quality homes will be given warnings to make improvements, and – should they fail to take action – the Government will ease the way for councils to acquire them. 

During the speech he warned ‘we will legislate if necessary’ – although did not elaborate as to what any further legislation change could look like. 

Are there any exemptions?

There are a number of circumstances in which properties would be exempt from an EDMO, for example if a landlord is refurbishing a property, trying to sell it, or if it’s going through probate. 

Our head of compliance James Wood said: “The thought of a council seizing control of a property is understandably concerning, but these are not new rules and councils have actually had the power to issue an EDMO for two decades now. They are rarely used as local authorities will only use them as a means of last resort. 

"Since the power was first introduced 20 years ago, about 10 properties a year have been subject to an EDMO, so local authorities are unlikely to use the power if a landlord is genuinely trying to bring the property back into use.  

“No landlord wants void periods, so in most cases they will work constructively with local authorities to bring their rental properties back into use before an EDMO is considered the only option.” 

When will the new rules come in?

The Government presented the reforms to Parliament  on Wednesday and they are set to come into force from 5th November. They are subject to the Negative Resolution procedure meaning they will automatically come into force unless a motion known as a ‘prayer’ to reject them is moved by either House.