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Burnham expands council powers to reclaim empty homes sooner

Burnham expands council powers to reclaim empty homes sooner

The government is reforming Empty Dwelling Management Orders to let councils take control of empty homes after six months rather than two years, aiming to reduce long-term vacancies and bring properties back into use more quickly.

Prime Minister Andy Burnham has announced changes to Empty Dwelling Management Orders (EDMOs) that will enable local authorities to intervene earlier in cases of long-term empty homes. The reforms reduce the minimum vacancy period from two years to six months, allowing councils to act more swiftly to prevent properties from falling into disrepair.

The changes also simplify the application process by removing the need to provide evidence of anti-social behaviour or community support, making it easier for councils to secure an EDMO through the Residential Property Tribunal. These reforms are part of wider government efforts to address housing shortages and improve the use of existing housing stock.

Details of the EDMO reforms and government plans

Empty Dwelling Management Orders allow councils to take over the management of properties that have been empty for a significant period, typically up to seven years, while ownership remains with the landlord. The goal is to bring these homes back into occupation without the need for full ownership transfer.

Under the new rules, the threshold for eligibility is lowered from two years of vacancy to just six months. This change is designed to enable councils to act before properties deteriorate significantly or become a blight on local communities.

The government’s statement emphasises that the reforms will streamline the application process by removing evidential requirements related to anti-social behaviour or community support. This will reduce administrative burdens on councils and potentially increase the number of EDMOs granted.

Additionally, the government is exploring further measures to enhance the EDMO system and support councils in using these powers more effectively, though no further details have been released at this stage. The announcement coincides with the Labour Party conference in Liverpool, where housing issues are a key focus.

Context and implications for landlords and letting agents

The reform of EDMOs reflects ongoing government efforts to tackle the housing crisis by making better use of existing properties. Long-term empty homes represent a lost opportunity to provide much-needed rental accommodation, and councils have increasingly sought stronger tools to address this issue.

For landlords, the reduction in the vacancy period before an EDMO can be applied means that properties left empty for six months or more may attract earlier intervention from local authorities. This could affect landlords who hold properties off the market for refurbishment, sale, or other reasons.

Letting agents should be aware that councils may become more proactive in identifying and managing empty homes. This could result in increased scrutiny of properties that remain unoccupied and potentially more frequent engagement with local authorities.

The removal of evidential requirements related to anti-social behaviour or community support also lowers the barriers for councils to apply for EDMOs, potentially increasing the number of cases where intervention occurs. This change may lead to faster action but also raises questions about safeguards for landlords.

Practical considerations and landlord responsibilities

Landlords should review their portfolios to identify any properties that have been empty for six months or longer and consider strategies to avoid triggering EDMO action. This might include actively marketing properties, undertaking necessary repairs promptly, or communicating with local authorities if exceptional circumstances apply.

Maintaining clear records of property status, marketing efforts, and repair works can be crucial in demonstrating that a property is not being neglected. Letting agents can support landlords by monitoring vacancy periods and advising on compliance with local regulations.

Given the streamlined application process for EDMOs, landlords may face faster council interventions. It is therefore advisable to stay informed about local authority policies on empty homes and any licensing or enforcement schemes that may operate alongside EDMOs.

Uncertainties and what to watch for next

The government has indicated that further reforms to strengthen the EDMO system are under consideration, but details are not yet available. Landlords and agents should monitor official announcements and guidance to understand the full scope of changes and any additional powers councils may receive.

There is also uncertainty regarding how councils will implement the new rules in practice and whether the increased powers will lead to a rise in EDMO applications or disputes. The balance between protecting landlords’ rights and addressing community concerns will be an area to observe closely.

Additionally, the interaction between EDMOs and other local licensing or enforcement schemes may evolve, potentially complicating compliance requirements for landlords with empty properties.

What landlords should consider now

  • Review any properties vacant for six months or more and assess plans to bring them back into use promptly.
  • Keep detailed records of marketing efforts, maintenance, and communications related to empty properties.
  • Stay informed about local council policies on empty homes and any changes to enforcement practices.
  • Consult current official guidance on EDMOs and related regulations to understand rights and obligations.
  • Engage with letting agents to ensure proactive management of vacant properties and compliance with emerging rules.

Supporting landlords with compliance and property management

The Landlord Association (TLA) offers members access to compliance resources and practical information to help manage vacant properties effectively. Through TLA membership, landlords and letting agents can review property records, monitor vacancy periods, and prepare for changes in enforcement related to empty homes.

TLA is also developing ORBIT, a new property management and compliance platform currently available in BETA testing. ORBIT aims to assist landlords and agents in organising portfolios, maintaining documentation, and recording key actions such as repairs and communications with local authorities. While still in testing, ORBIT could become a valuable tool for managing compliance with EDMO regulations and other tenancy obligations.

Explore TLA membership and learn more about ORBIT BETA access to stay ahead of regulatory developments and support effective property management.

Looking ahead, landlords should anticipate that councils will increasingly use enhanced powers to address empty homes, making proactive management and compliance essential to avoid intervention.

Sources: Landlord Today

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