| Skip navigation | Home Page | Complaints procedure | Feedback form
Do it On-Line | A to Z | About Us | Contact Us | Jobs |

Welcome To Wirral

Empty Dwelling Management Orders

New Powers known as Empty Dwelling Management Orders (EDMO), introduced in England from April 2006, allow councils with housing responsibilities to take over the management of some residential properties that have been empty for more than 6 months. The property doesn’t have to be run down or uninhabitable. The fact that it has not been lived in for more than 6 months may be enough to allow an Empty Dwelling Management Order to be made.

An Empty Dwelling Management Order could mean a property owner loses their right to decide how the property is managed and who lives in it. The only sure way to prevent this happening is to get the property back into use voluntary.

An EDMO cannot be made on a property where one or more of the following statements are true:

  • It is not a dwelling e.g. it is a building or part of a building used for non-residential purposes
  • It is not wholly unoccupied e.g. only part of your house or flat is unoccupied or there are spare rooms not in use
  • It has been lived in at any time within the previous six months

The six month exception period applies to all empty dwellings regardless of the reason they are unoccupied. However, even after six months a lot of unoccupied dwellings will continue to be excepted as long as one or more of the following statements are true:

  • The property is normally your only or main residence, but:

- you are temporarily residing elsewhere
- you are absent so that you can be cared for elsewhere
- you are absent because you are caring for somewhere elsewhere
- you are in the armed forces and are away from home on service

  • The property is occupied occasionally by you or your guests as a second home or a holiday home
  • The property is genuinely on the market for sale or to be let
  • You are expecting to inherit the property but have not yet obtained grant of representation (probate) following the death of the previous owner. In this case, the property will continue to be accepted for six months after you obtain grant of representation.
  • It is compromised in an agricultural holding within the meaning of the Agricultural Holdings Act 1986, or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995
  • It is usually occupied by an employee of the relevant proprietor in connection with the performance of his duties under the terms of his contract of employment
  • It is available for occupation by a minister of religion as a residence from which to perform the duties of his office
  • It is subject to a court order freezing the property of the relevant proprietor
  • It is prevented from being occupied as a result of a criminal investigation or criminal proceedings
  • It is mortgaged, where the mortgagee, in right of the mortgage has entered into in and is in possession of the dwelling

 

See Also