The long awaited changes to the Empty Dwelling Management Order regime are now moving forward as the relevant Statutory Instrument is now before Pariament. The changes are due to come into effect on the 15th November 2012. The wording is identical to the draft that we have had available since early 2011, except for the addition of a transitional provision that means it will not apply to any application already submitted to an RPT prior to the commencement in November. The main changes are Procedural changes
Authorities need to give an owner 3 months notice of an application to an RPT for an Interim EDMO
Authorities need to supply "all information they have that suggests that the dwelling has been causing a nuisance for the community"
Authorities need to supply "all information they have that suggests that the community supports the proposed making of the interim empty dwelling management order by the local housing authority
Changes to the criteria - The dwelling needs to have been unoccupied for two years
Other critieria unchanged It is important to note that the requirements around nuisance and community support are procedural, connected with the evidence supplied to the Residential Property Tribunal. They do not stipulate particular levels of nuisance or community support that are required before an EDMO is granted.
