Housing Act 2004

Housing Act 2004

2004 CHAPTER 34

Commentary on Sections

Part 4 - Additional Control Provisions in Relation to Residential Accommodation

Chapter 2: Interim and Final Empty Dwelling Management Orders

Section 136: Making of final EDMOs

288. A LHA may make a final EDMO either to replace an interim EDMO or to replace a previous final EDMO that has expired if it considers the dwelling is likely to become or remain unoccupied if it did not do so. But it cannot do so if the dwelling is unoccupied, unless it has taken reasonable steps to secure its occupation whilst the previous EDMO was in force.

289. The LHA must take into account the effects that making the order is likely to have on the community and the rights of the relevant proprietor and third parties. The LHA must consider if it should pay compensation to any third party for interference with their rights.

290. The procedure for making a final EDMO is equivalent to that for making an FMO (see explanatory notes for Chapter 1 of Part 4) with some minor modifications - principally to ensure that third parties are served with relevant notices.