HL Deb 16 November 2004 vol 666 cc1365-8

EMPTY DWELLING MANAGEMENT ORDERS

Empty dwelling management orders: introductory

(1) This Chapter deals with the making by a local housing authority of—

  1. (a) an interim empty dwelling management order (an "interim EDMO"), or
  2. (b) a final empty dwelling management order (a "final EDMO"),
in respect of a dwelling.

(2) An interim EDMO is an order made to enable a local housing authority, with the consent of the relevant proprietor, to take steps for the purpose of securing that a dwelling becomes and continues to be occupied.

(3) A final EDMO is an order made, in succession to an interim EDMO or a previous final EDMO, for the purpose of securing that a dwelling is occupied.

(4) In this Chapter—

  1. (a) "dwelling" means—
    1. (i) a building intended to be occupied as a separate dwelling, or
    2. (ii) a part of a building intended to be occupied as a separate dwelling which may be entered otherwise than through any non-residential accommodation in the building;
  2. (b) any reference to "the dwelling", in relation to an interim EDMO or a final EDMO, is a reference to the dwelling to which the order relates;
  3. (c) "relevant proprietor", in relation to a dwelling, means—
    1. (i) if the dwelling is let under one or more leases with an unexpired term of 7 years or more, the lessee under whichever of those leases has the shortest unexpired term; or
    2. (ii) in any other case, the person who has the freehold estate in the dwelling;
  4. (d) "third party", in relation to a dwelling, means any person who has an estate or interest in the dwelling (other than the relevant proprietor and any person who is a tenant under a lease or licence granted under paragraph 2(3)(c) or 10(3)(c) of Schedule (Further provisions regarding empty dwelling management orders)); and
  5. (e) any reference (however expressed) to rent or other payments in respect of occupation of a dwelling includes any payments that the authority receive from persons in respect of unlawful occupation of the dwelling.

(5) In subsection (4)(c), the reference to an unexpired term of 7 years or more of a lease of a dwelling is—

  1. (a) in relation to a dwelling in respect of which the local housing authority is considering making an interim EDMO, a reference to the unexpired term of the lease at the time the authority begin taking steps under section (Making of interim EDMOs)(3),
  2. (b) in relation to a dwelling in respect of which an interim EDMO has been made, a reference to the unexpired term of the lease at the time the application for authorisation to make the interim EDMO was made under subsection (1) of that section, or
  3. (c) in relation to a dwelling in respect of which a local housing authority is considering making or has made a final EDMO, a reference to the unexpired term of the lease at the time the application for authorisation to make the preceding interim EDMO was made under subsection (1) of that section.

"Preceding interim EDMO", in relation to a final EDMO, means the interim EDMO that immediately preceded the final EDMO or, where there has been a succession of final EDMOs, the interim EDMO that immediately preceded the first of them.

(6) Schedule (Further provisions regarding empty dwelling management orders) (which makes further provision regarding EDMOs) has effect."

The Commons agree to this amendment with the following amendment—

101A Line 40, leave out "or licence"

102 Insert the following new Clause—

"Making of interim EDMOs

(1) A local housing authority may make an interim EDMO in respect of a dwelling if—

  1. (a) it is a dwelling to which this section applies, and
  2. (b) on an application by the authority to a residential property tribunal, the tribunal by order authorises them under section (Authorisation to make interim EDMOs) to make such an order, either in the terms of a draft order submitted by them or in those terms as varied by the tribunal.

(2) This section applies to a dwelling if—

  1. (a) the dwelling is wholly unoccupied, and
  2. (b) the relevant proprietor is not a public sector body.

"Wholly unoccupied" means that no part is occupied, whether lawfully or unlawfully.

(3) Before determining whether to make an application to a residential property tribunal for an authorisation under section (Authorisation to make interim EDMOs), the authority must make reasonable efforts—

  1. (a) to notify the relevant proprietor that they are considering making an interim EDMO in respect of the dwelling under this section, and
  2. (b) to ascertain what steps (if any) he is taking, or is intending to take, to secure that the dwelling is occupied.

(4) In determining whether to make an application to a residential property tribunal for an authorisation under section (Authorisation to make interim EDMOs), the authority must take into account the rights of the relevant proprietor of the dwelling and the interests of the wider community.

(5) The authority may make an interim EDMO in respect of the dwelling despite any pending appeal against the order of the tribunal (but this is without prejudice to any order that may be made on the disposal of any such appeal).

(6) An application to a residential property tribunal under this section for authorisation to make an interim EDMO in respect of a dwelling may include an application for an order under paragraph 22 of Schedule (Further provisions regarding empty dwelling management orders) determining a lease or licence of the dwelling.

(7) In this section "public sector body" means a body mentioned in any of paragraphs (a) to (f) of paragraph 2(1) of Schedule 11.

(8) Part I of Schedule 6 applies in relation to the making of an interim EDMO in respect of a dwelling as it applies in relation to the making of an interim management order in respect of a house, subject to the following modifications—

  1. (a) paragraph 7(2) does not apply;
  2. (b) paragraph 7(4)(c) is to be read as referring instead to the date on which the order is to cease to have effect in accordance with paragraph 1(3) and (4) or 9(3) to (5) of Schedule (Further provisions regarding empty dwelling management orders);
  3. (c) in paragraph 7(6)—
    1. (i) paragraph (a) is to be read as referring instead to Part 4 of Schedule (Further provisions regarding empty dwelling management orders); and
    2. (ii) paragraph (b) does not apply;
  4. (d) paragraph 8(4) is to be read as defining "relevant person" as any person who, to the knowledge of the local housing authority, is a person having an estate or interest in the dwelling (other than a person who is a tenant under a lease or licence granted under paragraph 2(3)(c) of Schedule (Further provisions regarding empty dwelling management orders))."
The Commons agree to this amendment with the following amendment—

102A Line 55, leave out "or licence"

105 Insert the following new Clause—

"Making of final EDMOs

(1) A local housing authority may make a final EDMO to replace an interim EDMO made under section (Making of interim EDMOs.) if

  1. (a) they consider that, unless a final EDMO is made in respect of the dwelling, the dwelling is likely to become or remain unoccupied;
  2. (b) where the dwelling is unoccupied, they have taken all such steps as it was appropriate for them to take under the interim EDMO with a view to securing the occupation of the dwelling.

(2) A local housing authority may make a new final EDMO so as to replace a final EDMO made under this section if—

  1. (a) they consider that, unless a new final EDMO is made in respect of the dwelling, the dwelling is likely to become or remain unoccupied; and
  2. (b) where the dwelling is unoccupied, they have taken all such steps as it was appropriate for them to take under the existing final EDMO with a view to securing the occupation of the dwelling.

(3) In deciding whether to make a final EDMO in respect of a dwelling, the authority must take into account—

  1. (a) the interests of the community, and
  2. (b) the effect that the order will have on the rights of the relevant proprietor and may have on the rights of third parties.

(4) Before making a final EDMO under this section, the authority must consider whether compensation should be paid by them to any third party in respect of any interference in consequence of the order with the rights of the third party.

(5) Part 1 of Schedule 6 applies in relation to the making of a final EDMO in respect of a dwelling as it applies in relation to the making of a final management order in respect of a house, subject to the following modifications—

  1. (a) paragraph 7(2) does not apply;
  2. (b) paragraph 7(4)(c) is to be read as referring instead to the date on which the order is to cease to have effect in accordance with paragraph 1(3) and (4) or 9(3) to (5) of Schedule (Further provisions regarding empty dwelling management orders);
  3. (c) in paragraph 7(6)—
    1. (i) paragraph (a) is to be read as referring instead to Part 4 of Schedule (Further provisions regarding empty dwelling management orders), and
    2. (ii) paragraph (b) is to be read as referring instead to paragraph 27(2) of Schedule (Further provisions regarding empty dwelling management orders);
  4. (d) paragraph 7(6) in addition is to be read as requiring the notice under paragraph 7(5) also to contain—
    1. (i) the decision of the authority as to whether to pay compensation to any third party,
    2. (ii) the amount of any such compensation to be paid, and
    3. (iii) information about the right of appeal against the decision under paragraph 34 of Schedule (Further provisions regarding empty dwelling management orders);
  5. (e) paragraph 8(4) is to be read as defining "relevant person" as any person who, to the knowledge of the local housing authority, is a person having an estate or interest in the dwelling (other than a person who is a tenant under a lease or licence granted under paragraph 2(3)(e) or 10(3)(c) of Schedule (Further provisions regarding empty dwelling management orders))."
The Commons agree to this amendment with the following amendment—

105A Line 54, leave out "or licence"

Lord Rooker

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 101A, 102A and 105A to Lords Amendments Nos. 101, 102 and 105. I have spoken to this Motion with Amendment No. 55A.

Moved, That the House do agree with the Commons in their Amendments Nos. 101A, 102A and 105A to Lords Amendments Nos. 101, 102 and 105.—(Lord Rooker.)

On Question, Motion agreed to.