The Housing (Management Orders and Empty Dwelling Management Orders) (Supplemental Provisions) (England) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations make supplementary provisions where the local housing authority are to be treated as the lessee under a lease of premises that are subject to an interim or final management order made under Chapter 1 of Part 4 of the Housing Act 2004 (“the Act”) or an interim or final empty dwelling management order (“EDMO”) made under Chapter 2 of Part 4 of the Act.

An interim management order is an order made by a local housing authority in respect of a house in multiple occupation as defined in sections 254 to 259 of the Act or a house to which Part 3 of the Act applies. It is made to protect the health and safety of occupiers of a house or neighbouring premises and promote the house’s property management A final management order is an order (expiring not more than five years after it is made) which is made by a local housing authority for the purpose of securing the proper management of the house on a long term basis in accordance with a management scheme contained in the order. (Section 101 of the Act).

An interim EDMO is an order made by a local housing authority to enable it to take steps for the purpose of securing that a dwelling becomes and continues to be occupied. An authority must make reasonable efforts to notify the relevant proprietor that they are considering making such an order and to ascertain what steps he is taking, or is intending to take, to secure that the property is occupied. A final EDMO is made in succession to an interim EDMO for the purpose of securing that a dwelling is occupied (Sections 132 and 133 of the Act).

Once an interim or final management order or EDMO is in force the local housing authority obtain rights in relation to the premises, which are described in Chapters 1 and 2 of Part 4 of the Act. The authority do not, however, acquire any estate or interest in the premises and so have no power of disposition. Where the immediate landlord of the premises (or, except in the case of EDMOs, of part of premises) is a lessee under a lease of the premises (or part) the authority is to be treated as if they were the lessee instead (but still without acquiring an estate or interest). (Sections 107 and 116 of, and paragraphs 2 and 10 of Schedule 7 to, the Act).

Regulation 3 applies where a local housing authority are to be treated as lessee of premises instead of another person (“the relevant person”). It requires the authority to give notice to the immediate lessor of that person that a management order or EDMO has been made and explain the consequences of the order. It provides for the authority to be liable for the payment of ground rent, service charges and other charges due as the lessee, from date the order comes into force, but requires the lessee to be sent copies of any notices served on the authority.

A full regulatory impact assessment of the effect that this order will have on the costs of business is available from the Empty Homes Team, The Office of the Deputy Prime Minister, 2/G9 Eland House, Bressenden Place, London, SW1E 5DU (telephone [phone], e-mail [e-mail].