Council takeover of empty homes is not automatic

Councils can now apply for Empty Dwelling Management Orders (EDMOs) when a property has been empty for six months, but this does not mean they automatically have the power to take control of a home.

New rules which have come into force reduce the qualifying vacancy period for an Empty Dwelling Management Order (EDMO) from two years to six months.

However, councils must apply to the First-tier Tribunal (Property Chamber) for authorisation before making an interim EDMO.

Not automatically lose control

The legislation confirms that councils must still obtain tribunal approval before making an interim EDMO.

Under section 133 of the Housing Act 2004, a local authority must apply to the tribunal for authorisation, while section 134 sets out the conditions that must be satisfied before permission is granted.

This means landlords will not automatically lose control of an empty property once it reaches the six-month mark.

The council must first convince the tribunal that the property has been wholly unoccupied for at least six months, that there is no reasonable prospect of it becoming occupied in the near future without intervention, and that making an interim EDMO would offer a reasonable prospect of bringing it back into use.

The council must also demonstrate that it has made reasonable efforts to contact the owner and establish what steps they are taking, or intend to take, to bring the property back into occupation.

Tribunal scrutiny remains

Propertymark stresses that six months of vacancy does not give councils an automatic right to take over a property.

The industry body writes on its website: “The process begins with an interim EDMO, which requires authorisation from the First-tier Tribunal (Property Chamber). Before making an interim order, the council must make reasonable efforts to notify the owner and establish what they are doing, or intend to do, to get the property occupied.

“During the interim stage, the council needs the owner’s consent to let the home. If agreement cannot be reached, a final EDMO can allow the council to take over possession and management without that consent. Management under a final order can last for up to seven years.

“Reaching six months of vacancy does not automatically trigger an order. Tribunal scrutiny remains, as does the requirement for councils to notify the owner in writing at least three months before applying, or to have made all reasonable efforts to do so.”