The Empty Homes Team first seeks to communicate and engage with owners of empty homes. Advice and assistance is available. We encourage and enable owners to bring properties back into use. We do this through voluntary cooperation and identification of agreeable solutions.
An owner will need to show that they have a reasonable plan of action. Where cooperation in not forthcoming, the Council may intervene. They may use enforcement powers to ensure a satisfactory outcome. A range of statutory powers and potential enforcement options are available, including:
Enforced sale
The Law of Property Act 1925 (section 103) allows the Council to demand payment of outstanding debt. This is secured by a legal charge on an empty home.
For example:
- costs incurred from works carried out by the Council. This may be following non-compliance with an enforcement notice.
If payment remains outstanding the Council has power to sell the property and recover the debt from the proceeds.
Compulsory purchase
The Council can acquire an empty home under various legislative provisions, including:
- Housing Act 1985 (Section 17);
- Town and Country Planning Act 1990 (Section 226);
- Planning (Listed Buildings and Conservation Areas) Act 1990 (Section 47).
It can then sell or transfer the property or retain and develop it. This action is a last resort once other options have failed to persuade an owner to bring an empty home back into use.
Empty Dwelling Management Order
The Housing Act 2004 (Part 4, Chapter 2, sections 132-138) allows the Council to take control of an empty home. The Council can do this by applying to the Residential Property Tribunal for an Empty Dwelling Management Order (EDMO) to be made. Ownership is not changed but an EDMO allows the Council to take over the management of an empty home. Cost incurred are recovered from the rental income.
Other legislative provisions
Dependent upon the issues, various other notice provisions are also available, including:
Housing Act 2004
- Part 1, Chapter 2, sections 11-19 – Improvement notices;
Anti-social Behaviour, Crime and Policing Act 2014
- Section 43 - Power to issue [community protection] notice
Town and Country Planning Act 1990
- Section 215 - Power to require proper maintenance of land;
Planning (Listed Buildings and Conservation Areas) Act 1990
- Section 54 - Urgent works to preserve unoccupied listed buildings;
- Section 48 - Repairs notice as preliminary to acquisition under section 47;
Building Act 1984
- Section 77 - Dangerous building;
- Section 78 - Dangerous building – emergency measures;
- Section 79 - Ruinous and dilapidated buildings and neglected sites;
Environmental Protection Act 1990
- Section 80 - Summary proceedings [abatement notice] for statutory nuisances;
Local Government (Miscellaneous Provisions) Act 1982
- Section 29 - Protection of buildings;
Prevention of Damage by Pests Act 1949
- Section 4 – Power of local authority to require action.
More information can be found in the Council’s Empty Homes Plan and Private Sector Housing Enforcement Policy.
