Group criticises government plan to ease council takeover of empty homes

Group criticises government plan to ease council takeover of empty homes

The government proposes reducing the period before councils can use Empty Dwelling Management Orders from two years to six months, sparking concerns from a property rights group about owner protections and state intervention.

A government proposal aims to make it easier for local authorities to bring long-term empty homes back into use by shortening the qualifying period for Empty Dwelling Management Orders (EDMOs) from two years to six months. EDMOs allow councils to take over the management of vacant properties for up to seven years, while ownership remains with the property owner. This change has drawn criticism from Justice for Property Rights (J4PR), a group advocating for property owners’ interests.

J4PR argues that reducing the threshold to six months is a significant shift that risks undermining the rights of lawful owners. The group highlights that properties can be empty for numerous legitimate reasons, such as probate processes, legal disputes, refurbishment, failed sales, or temporary personal circumstances. The organisation calls for clearer safeguards and transparency before councils can assume control of private homes.

Details of the proposed EDMO changes and concerns raised

The government’s intention is to address the housing shortage by enabling councils to intervene more swiftly in cases of long-term vacancy. EDMOs currently require a property to be empty for two years before councils can take management control. The proposed change to six months would allow councils to act much sooner.

J4PR spokesperson Richard Merrin emphasises that while the goal of returning abandoned homes to productive use is understandable, the reduction in the vacancy period is a substantial policy shift. Merrin stresses the need for proper scrutiny and clarity about how the new regime will differentiate genuinely abandoned properties from those temporarily vacant for lawful reasons.

The group seeks detailed information on the notice procedures for property owners, the right to challenge council interventions, and how costs incurred during council management will be handled. J4PR warns that without clear protections, this policy risks eroding property rights and creating uncertainty for landlords, investors, and homeowners.

Context of property rights and government intervention

This proposal follows other government measures affecting property rights, including reforms to leasehold arrangements such as capping ground rents and limiting increases. J4PR frames these initiatives as part of a broader trend of increasing state intervention in private property ownership.

Property rights are a cornerstone for many landlords and investors, providing certainty needed for long-term investment decisions. Changes that alter the balance between private ownership and public interest require careful consideration to avoid unintended consequences, such as discouraging investment or complicating property management.

For landlords, the prospect of councils taking control after just six months of vacancy introduces potential risks. Properties undergoing legitimate processes like refurbishment or sale could be vulnerable to intervention, disrupting plans and causing financial and legal complications.

Practical implications for landlords and letting agents

Landlords should monitor developments closely and review their property management strategies in light of the proposed changes. Maintaining clear records of property status, refurbishment timelines, and communications can be critical in demonstrating legitimate reasons for vacancy.

Letting agents may need to advise clients on the risks associated with prolonged vacancies and the importance of proactive management to avoid triggering EDMOs. Understanding the notification and appeals process under the new regime will be essential to protect owner interests.

The government has yet to provide detailed guidance on how councils will implement the new rules, including safeguards and cost recovery. Landlords should prepare for potential changes in local authority practices and consider legal advice if faced with council intervention.

Uncertainties and what landlords should watch for

The exact criteria councils will use to distinguish between genuinely abandoned properties and those temporarily vacant remain unclear. The process for notifying owners and the mechanisms for challenging EDMOs are also not fully defined.

Costs incurred by councils during management and how these will be charged to owners could have significant financial implications. Landlords should seek updates on these aspects as the government consults on the proposals.

There is also uncertainty about how this policy will interact with other reforms affecting leasehold and tenancy rights, potentially compounding the regulatory environment for landlords.

What landlords should consider now

• Review the vacancy status of properties and document reasons for any extended vacancies thoroughly.
• Stay informed on government announcements and local council policies regarding EDMOs.
• Prepare to engage with councils promptly if approached about property management orders.
• Seek legal or professional advice on rights and obligations under the new regime once further details emerge.
• Consider the impact of these changes on investment and refurbishment plans, adjusting strategies accordingly.

Supporting landlords through regulatory changes

The Landlord Association (TLA) offers members access to compliance resources and practical guidance to help manage evolving property regulations. Through TLA membership, landlords and letting agents can access up-to-date information on property rights, tenancy law, and local authority interventions.

TLA’s new property management and compliance platform, ORBIT, currently in BETA testing, is designed to assist landlords in organising their portfolios and managing documentation related to property status, repairs, and communications. ORBIT aims to help members maintain clear records that could be vital if properties face council management orders.

Exploring TLA membership and ORBIT BETA access provides landlords with tools to stay ahead of regulatory developments and maintain evidence of compliance and property management activities.

As the government consults on these proposals, landlords should remain vigilant and proactive in protecting their property rights and interests.

Sources: Landlord Today