Empty homes and enforcement action
We prefer to work with owners to bring properties back into use through encouragement, but sometimes when this approach doesn't work, enforcement has to be considered.
When is enforcement action taken?
A number of laws can be used against the owners of empty properties to encourage them to bring their properties up to a decent standard, particularly when failure to do so creates problems for the local community. Each case will be judged individually but if we serve notice this may affect the level of assistance we can provide to the owner in the future.
Types of legislation used
Below are the types of legislation that could be used;
- Town & Country Planning Act 1990 - to gain entry to or dispose of a property
- Building Act 1984 Sections 77-79 - for dilapidated and/or dangerous buildings and sites
- Housing Act 2004 - Several sections may be used under this act depending on the severity of the problem; from improvement notices to demolition orders
- Environmental Protection Act 1990 - Section 79-81 where a premises causes a health risk or nuisance and repair work is required to make it safe.
- Prevention of Damage by Pest Act 1949 - Section 4 might be used
- Local Government (Miscellaneous Provisions) Act 1982 - Section 29 is used where a property is open to access but also this act may be used to request information from the owners of properties and anyone (including companies) who have an interest in the property.
- Anti-social Behaviour, Crime and Policing Act 2014 - Councils can now serve notices on owners of empty properties that are in poor condition
Other legislation for empty property work
There are 3 other legislative tools that might be relevant for empty property work:
EDMO (Empty Dwelling Management Order)
Introduced in the Housing Act 2004 an EDMO means management of the property is granted to the local authority or a nominated party, usually a Housing Association for up to 7 years. The owner is not entitled to receive any rent or other payments from anyone occupying the dwelling and may not exercise any rights to manage the dwelling whilst an EDMO is in force. An EDMO is applied as a local land charge and the details entered on the Land Registry.
The Law & Property Act 1925 (S30) allows local authorities to recover charges and debts owed to it through the sale of a property.
Any notices that have been served on an owner, which result in the local authority completing work on the property in default, will incur a land charge. If this is on an empty property, and the owner fails to address the debt or bring the property back into use the local authority can enforce a sale. The owner will no longer have ownership of the property which may be put up in a local property auction.
CPO (Compulsory Purchase Order)
Similar to an enforced sale, a CPO is another option available to the local authority and demonstrates a zero tolerance towards empty properties.
Again absentee landlords of empty properties, particularly those in a very poor state of repair may find they lose ownership of that property if the local authority decides to dispose of it on the open market or to a housing association.
CPOs can be made under S17 of the Housing Act 1985 or under S226 (as amended by Planning and Compulsory Purchase Act 2004) of the Town & Country Planning Act 1990, for the provision of housing accommodation or to make a quantitative or qualitative improvement to existing housing.