There are almost 1 million empty dwellings across the UK. That is a shocking figure that isn’t often discussed. If properties have been left vacant for a long time, then steps can be taken. This blog covers all you need to know about empty dwelling management orders.
What is An Empty Dwelling Management Order (EDMO)
An EDMO is a legal power used by a local council in England and Wales to temporarily take control of a long-term empty, private residential property, ensuring it is brought back into use as housing. It is intended as a measure of last resort, primarily to tackle the problem of properties that have been left vacant for a significant period and whose owners are unwilling or unable to take action to make them habitable and occupied.
The Key Elements of an EDMO
The council does not take over ownership of the property; the original owner retains the legal title. The EDMO grants the council the right to possession and management of the property for a fixed, limited time. The council can carry out necessary repairs, find tenants, and act as the landlord.
For owners who are deceased or untraceable, our heir hunting services can help locate rightful heirs to ensure properties are managed correctly.
The council must apply to the First-tier Tribunal (Property Chamber) for an EDMO and must satisfy specific criteria, which typically include:
- The property is a residential dwelling.
- The dwelling has been wholly unoccupied for at least two years (this period was increased from six months).
- The owner has refused to take action or cooperate with the council to bring the property back into use.
- There is no reasonable prospect of the dwelling becoming occupied in the near future without the EDMO.
- The council has complied with its duties, including giving the owner at least three months’ notice of its intention to apply for the order.
The council will typically carry out any necessary works to make the property habitable. The rent collected from the tenants is used by the council to recover its costs, including the cost of repairs, management fees, and any unpaid debts related to the property (e.g., council tax arrears). Any surplus income is eventually paid to the owner, and the property is returned to the owner at the end of the order’s term.
For properties where owners are untraceable, our unclaimed estates services can help identify and manage the rightful heirs.
You can learn more about the First-tier Tribunal (Property Chamber) and its role in property management orders.
The Interim EDMO
This is the initial order, which lasts for a maximum of 12 months. During this time, the council takes over management and continues to work with the owner to agree on a long-term solution. The council must obtain the owner’s written consent to enter into an agreement with a tenant.
The Final EDMO
If no agreement is reached during the interim period, the council can apply for a final EDMO, which can last for up to seven years. Under a final EDMO, the council does not need the owner’s consent to let the property.
Contact Fleetwood Heir Hunters on 020 8432 3101.
For detailed information on the application process and criteria for Empty Dwelling Management Orders, refer to the UK Government guidance on Empty Dwelling Management Orders.