SCHEDULES
SCHEDULE 7Further provisions regarding empty dwelling management orders
Part 1Interim EDMOs
Variation or revocation of interim EDMOs
I17
1
The local housing authority may revoke an interim EDMO in the following cases—
a
where the authority conclude that there are no steps which they could appropriately take for the purpose of securing that the dwelling is occupied (see section 135(4));
b
where the authority are satisfied that—
i
the dwelling will either become or continue to be occupied, despite the order being revoked, or
ii
that the dwelling is to be sold;
c
where a final EDMO has been made by the authority in respect of the dwelling so as to replace the order;
d
where the authority conclude that it would be appropriate to revoke the order in order to prevent or stop interference with the rights of a third party in consequence of the order; and
e
where in any other circumstances the authority consider it appropriate to revoke the order.
2
But, in a case where the dwelling is occupied, the local housing authority may not revoke an interim EDMO under sub-paragraph (1)(b), (d) or (e) unless the relevant proprietor consents.
3
A revocation does not come into force until such time, if any, as is the operative time for the purposes of this sub-paragraph under paragraph 33 (time when period for appealing expires without an appeal being made or when decision to revoke is confirmed on appeal).
4
The power to revoke an order under this paragraph is exercisable by the authority either—
a
on an application made by a relevant person, or
b
on the authority’s own initiative.
5
Where a relevant person applies to the authority for the revocation of an order under this paragraph, the authority may refuse to revoke the order unless the relevant proprietor (or some other person) agrees to pay to the authority any deficit such as is mentioned in paragraph 23(4).
6
In this paragraph “relevant person” means any person who has an estate or interest in the dwelling (other than a person who is a tenant under a lease granted under paragraph 2(3)(c)).