steve_cronin
N/A
Is your house at risk whist you\'re away sailing?
Further to david36's posting on Liveaboard Forum I have just received the following from Ruth Kelly's department.
There seems to be an assumption that your house isn't really YOUR property but rather a sort of National Resource - but then they ARE socialists! As to the general tone:- patronising or what? She tries to convince in the first paragraph that it's for our own good! Please don't respond to that. The main aspect is too disturbing to let oneself be sidetracked.
Quote:-
"Stephen
Thank you for your email of 19 June about Empty Dwelling Management Orders. These provisions were part of the Housing Act 2004, with the purpose of supporting the work already undertaken by many local authorities to persuade property owners to bring empty homes back into use. As well as affecting housing supply across the country, empty homes can attract anti-social behaviour, such as squatting and graffiti and more serious problems such as vandalism, drug-dealing and even arson. They can also erode the value of neighbouring properties.
Local authorities may apply to a Residential Property Tribunal for approval to make an Interim Empty Dwelling Management Order (Interim EDMO) where the dwelling has been vacant for at least 6 months and it considers the owner has no intention to secure occupation of it in the near future. However, there are many valid circumstances in which it is justified for dwellings to be unoccupied for periods in excess of 6 months at a time and the exemptions, listed below, are a reflection of these circumstances -
1) - property is normally your only, or main residence, but:
a) you are temporarily resident elsewhere;
b) you are absent so that you can be cared for elsewhere;
c) you are absent because you are caring for someone elsewhere
d) you are in the armed forces and are away from home on service
2) - second or holiday home;
3) - genuinely on the market for sale or letting;
4) - part of an agricultural holding/farm business;
5) - usually occupied by an employee of the owner;
6) - available for occupation by a minister of religion;
7) - subject to a court order freezing property assets of the owner;
8) - occupation prevented by criminal investigation/proceedings;
9) - mortgagee is in possession;
10) - owner has died (valid for 6 months after grant of probate).
Where a local authority is considering applying for an Interim EDMO, they should attempt to make contact with the owner of the property to ascertain their intentions with regard to the property. If a Residential Property Tribunal (RPT) is not satisfied that the local authority has done this, it is unlikely that they will approve the application.
For more information, you can visit our web site at www.communities.gov.uk/emptyhomes and download our leaflet about EDMOs, published on 9 June. The leaflet is aimed at owners whose property may, or may not be considered vacant for the purposes of these provisions in the Housing Act 2004.
I hope this is helpful.
Regards,
Rachel Edwards
Private Rented Sector Branch
Department for Communities and Local Government
**********************************************************************
This email and any files transmitted with it are private and intended solely for the use of the individual or entity to which they are addressed. If you are not the intended recipient the E-mail and any files have been transmitted to you in error and any copying, distribution or other use of the information contained in them is strictly prohibited.
Nothing in this E-mail message amounts to a contractual or other legal commitment on the part of the Government unless confirmed by a communication signed on behalf of the Secretary of State.
The Department's computer systems may be monitored and communications carried on them recorded, to secure the effective operation of the system and for other lawful purposes.
Correspondents should note that all communications from DfT/DCLG may be automatically logged, monitored and/or recorded for lawful purposes.
Further to david36's posting on Liveaboard Forum I have just received the following from Ruth Kelly's department.
There seems to be an assumption that your house isn't really YOUR property but rather a sort of National Resource - but then they ARE socialists! As to the general tone:- patronising or what? She tries to convince in the first paragraph that it's for our own good! Please don't respond to that. The main aspect is too disturbing to let oneself be sidetracked.
Quote:-
"Stephen
Thank you for your email of 19 June about Empty Dwelling Management Orders. These provisions were part of the Housing Act 2004, with the purpose of supporting the work already undertaken by many local authorities to persuade property owners to bring empty homes back into use. As well as affecting housing supply across the country, empty homes can attract anti-social behaviour, such as squatting and graffiti and more serious problems such as vandalism, drug-dealing and even arson. They can also erode the value of neighbouring properties.
Local authorities may apply to a Residential Property Tribunal for approval to make an Interim Empty Dwelling Management Order (Interim EDMO) where the dwelling has been vacant for at least 6 months and it considers the owner has no intention to secure occupation of it in the near future. However, there are many valid circumstances in which it is justified for dwellings to be unoccupied for periods in excess of 6 months at a time and the exemptions, listed below, are a reflection of these circumstances -
1) - property is normally your only, or main residence, but:
a) you are temporarily resident elsewhere;
b) you are absent so that you can be cared for elsewhere;
c) you are absent because you are caring for someone elsewhere
d) you are in the armed forces and are away from home on service
2) - second or holiday home;
3) - genuinely on the market for sale or letting;
4) - part of an agricultural holding/farm business;
5) - usually occupied by an employee of the owner;
6) - available for occupation by a minister of religion;
7) - subject to a court order freezing property assets of the owner;
8) - occupation prevented by criminal investigation/proceedings;
9) - mortgagee is in possession;
10) - owner has died (valid for 6 months after grant of probate).
Where a local authority is considering applying for an Interim EDMO, they should attempt to make contact with the owner of the property to ascertain their intentions with regard to the property. If a Residential Property Tribunal (RPT) is not satisfied that the local authority has done this, it is unlikely that they will approve the application.
For more information, you can visit our web site at www.communities.gov.uk/emptyhomes and download our leaflet about EDMOs, published on 9 June. The leaflet is aimed at owners whose property may, or may not be considered vacant for the purposes of these provisions in the Housing Act 2004.
I hope this is helpful.
Regards,
Rachel Edwards
Private Rented Sector Branch
Department for Communities and Local Government
**********************************************************************
This email and any files transmitted with it are private and intended solely for the use of the individual or entity to which they are addressed. If you are not the intended recipient the E-mail and any files have been transmitted to you in error and any copying, distribution or other use of the information contained in them is strictly prohibited.
Nothing in this E-mail message amounts to a contractual or other legal commitment on the part of the Government unless confirmed by a communication signed on behalf of the Secretary of State.
The Department's computer systems may be monitored and communications carried on them recorded, to secure the effective operation of the system and for other lawful purposes.
Correspondents should note that all communications from DfT/DCLG may be automatically logged, monitored and/or recorded for lawful purposes.
