Section 134: Authorisation to make interim EDMOs
284.This sets out the matters which a RPT must consider in deciding whether to authorise an application by a LHA to make an interim EDMO. It must be satisfied that:
the dwelling has been unoccupied for at least six months or such longer period of time as may be prescribed by an order made by the appropriate national authority;
if the order is not made there would be no prospect of the dwelling becoming occupied in the near future;
if the order is made the dwelling is likely to become occupied;
the local authority has complied with its duties under section 133 in seeking to make an interim EDMO; and
any requirements which may be prescribed by a further order made by the appropriate national authority have been complied with.
285.The RPT must also take into account the effect 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.
286.The RPT must be satisfied that the case does not fall within any category of exception as may be prescribed in regulations. The appropriate national authority may prescribe exemptions for a range of circumstances but in particular for the following description of dwellings: the principal homes of absent owners;
the principal homes of absent owners;
second homes and holiday homes;
homes undergoing repairs or renovation or awaiting planning or building regulations approval;
homes on the market for sale or letting; and
homes where the relevant proprietor died less than a specified period of time before the application for an order was made.
