An empty dwelling that is left unoccupied is a wasted asset for the owner and for someone in need of housing. If it is not maintained, it will, over time, begin to impact on its surroundings and is at risk from being broken into by vandals.  The only effective way to reduce the negative impact of an empty dwelling is to occupy it.

New Powers known as Empty Dwelling Management Orders (EDMO), introduced in England from April 2006, allow Councils with housing responsibilities to take over the management of some residential properties that have been empty for more than 6 months. The property doesn’t have to be run down or uninhabitable. The fact that it has not been lived in for more than 6 months may be enough to allow an Empty Dwelling Management Order to be made.

There are two types of EDMO; an interim EDMO and a final EDMO.  An interim EDMO lasts for a maximum period of 12 months.  During this period the housing authority cannot arrange occupation of the property without seeking the consent of the owner.  In effect, this means the owner has a final opportunity to reach an agreed solution.  Where such agreements cannot be reached, an interim EDMO can be revoked and replaced with a final EDMO.  A final EDMO lasts for a fixed period of no more than 7 years.  The Council does not require the consent of the owner to grant occupation rights under a final EDMO.

An EDMO cannot be made on a property where one or more of the following statements are true:

• It is not a dwelling e.g. it is a building or part of a building used for non-residential purposes
• It is not wholly unoccupied e.g. only part of your house or flat is unoccupied or there are spare rooms not in use
• It has been lived in at any time within the previous six months
• The six month exception period applies to all empty dwellings regardless of the reason they are unoccupied. However, even after six months a lot of unoccupied dwellings will continue to be excepted as long as one or more of the following statements are true:
• The property is normally your only or main residence, but:
  - you are temporarily residing elsewhere
  - you are absent so that you can be cared for elsewhere
  - you are absent because you are caring for somewhere elsewhere
  - you are in the armed forces and are away from home on service
• The property is occupied occasionally by you or your guests as a second home or a holiday home
• The property is genuinely on the market for sale or to be let
• You are expecting to inherit the property but have not yet obtained grant of representation (probate) following the death of the previous owner. In this case, the property will continue to be accepted for six months after you obtain grant of representation.
• It is compromised in an agricultural holding within the meaning of the Agricultural Holdings Act 1986, or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995
• It is usually occupied by an employee of the relevant proprietor in connection with the performance of his duties under the terms of his contract of employment
• It is available for occupation by a minister of religion as a residence from which to perform the duties of his office 
• It is subject to a court order freezing the property of the relevant proprietor
• It is prevented from being occupied as a result of a criminal investigation or criminal proceedings 
• It is mortgaged, where the mortgagee, in right of the mortgage has entered into in and is in possession of the dwelling
  

Craven District Council, Strategic Housing Department is considering the use of Empty Dwelling Management Orders as a last resort. If you would like further information about the process or wish to notify us of a property you have concerns about Tel: Neale Redfern (01756) 706356 or Catherine Pattison (01756) 706369.