The Housing (Empty Dwelling Management Orders) (Prescribed Exceptions and Requirements) (England) Order 2006

Explanatory Note

(This note is not part of the Order)

Chapter 2 of Part 4 of the Housing Act 2004 (“the Act”) deals with the making of interim and final empty dwelling management orders (EDMOs) which may be made by a local housing authority in respect of dwellings which are wholly unoccupied.

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. A final EDMO is made in succession to an interim EDMO for the purpose of securing that a dwelling is occupied (Section 132 of the Act).

An authority must make reasonable efforts to notify the relevant proprietor that they are considering making an interim EDMO and to ascertain what steps he is taking, or is intending to take, to secure that the property is occupied. The making of such an order requires the authorisation of a residential property tribunal. A tribunal will not authorise the making of an interim EDMO where it is satisfied that the case falls within a prescribed exception.(Section 133 of the Act).

Article 2 of this Order prescribes the exceptions for the purposes of a tribunal’s authorisation.

Article 3 of this Order prescribes the additional requirements that a local housing authority must comply with when making an application to a residential property tribunal for authorisation of an interim EDMO.

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/H9 Eland House, Bressenden Place, London, SW1E 5DU (telephone [phone], e-mail [e-mail]).