We can take action against owners of empty properties who persistently refuse to cooperate with requests from us to maintain or secure a property and who have resisted all attempts by the us to bring their property back into use.
The following lists the different types of enforcement action we can take:
Section 215 of the Town & Country Planning Act 1990 gives local councils the powers to address unsightly land or the external appearance of an empty property which is causing issues for neighbouring properties or the community.
Due to potential hazards, section 29 of the Local Government (Miscellaneous Provisions) Act 1982 gives local councils the power to secure an empty property by either boarding up or fencing off the property.
Empty Dwelling Management Order (EDMO)
The Housing Act 2004 gives local councils the power to take over the management of an empty property. Empty Dwelling Management Orders can be made against properties that have been empty for more than six months, although some properties may be exempt. An Empty Dwelling Management Order could mean a landlord loses the right to decide how the property is managed and who lives in it. The only sure way to prevent this from happening is for the owner to bring the property back into use.
The Law and Property Act 1925 gives local councils the rights of a mortgage lender where the local council has issued and enforced a land charge against a property, so that a sale can be enforced to recover the debt.
Compulsory Purchase Order (CPO)
Section 17 of the Housing Act 1985 gives local councils the power to acquire buildings and land through compulsory purchase. This allows Compulsory Purchase Orders to be made for the purpose of providing housing accommodation or facilities connected to housing accommodation, for example environmental improvements. A Compulsory Purchase Order is an extreme measure and a lengthy administrative task and will only be considered when all other options have been exhausted.
For further information please contact us: