Are EDMOs the new housing ASBOs or is it all just carrot and stick ?

Dr Hedley Pugh

EHO

Typical empty?

Typical empty?

So are EDMOs popular?>Ruth Kelly, the newly appointed secretary of state for communities and local government, has effectively declared Britain a communist state (Kevin McLeod Sunday Times)

>This outrageous confiscation of property ran right against the ancient common-law principle of private property, which is as fundamental as habeas corpus (Robert Whelan Telegraph)

>The greatest act of treachery since the Gunpowder Plot (blogger)

The EDMO reality>South Oxfordshire District Council has first EDMO to take over management control of a two-bedroom house in the village of Berinsfield that has been empty for more than 10 years

>Is this sufficient evidence of a police state?

Contents>Aims

>Negative Effects of Empty Property

>Who Benefits

>The wider picture

>The scale of the problem

>Possible Solutions

>Enforcement Action, EDMO, CPO, enforced sale

Aims>Reduce the number of long term empty homes through voluntary measures when possible

>Increase the Housing Supply

>Minimise the amount of property becoming long term empty

Negative Effects of Empty Property>Denying homes to those in need

>Increased pressure for new development

>Wasted financial resources

>Increased dereliction/vandalism

>Reduced market values

>Spiral of decline in neighbourhood

>Impact on local businesses

>Knock on effects to Public Services

BenefitsOwners

>Rental Income or Sales Potential>Security against vandalism or squatting>Long Term investment potential>VAT incentives

Neighbours>Removal of ugly empty homes>Improvements in local environment

Council>Reduced complaints >Homes>Performance indicators

Legal Aid Office Links Foreclosures To CrimePOSTED: 6:23 pm EDT September 19, 2006UPDATED: 7:07 pm EDT September 19, 2006 JACKSONVILLE, Fla. -- Officials with the Jacksonville area legal aid office said the rising foreclosure rate has a connection to the increase in crime and the murder rate. At a news conference in Northwest Jacksonville on Tuesday, they cited a Chicago area study and used local crime rates to make their case that the higher the number of foreclosures in a neighborhood, the more likely there would be more violent crime and murders. They said less homeowners, and empty homes are contributing factors. You drive through here, you're going to see lots of abandoned homes and they're used as crack houses and they're scenes of crime and crimes are planned there. It's a downward spiral that's caused from losing homes," said Jacksonville Legal Aid Executive Director Michael Figgins. "You look back at a time when the streets were a lot safer, one thing we had in common was a lot of homes, and mom and dad were the cop." Officials said their goal in releasing the information was to try to lower the number of foreclosures. They said people who need help with their mortgages should seek out a lawyer or legal aid. 

What is an empty property?>If empty for longer than six months

>Previous residential use

>Flats above shops

>Offices

>Not exempt (i.e. second or holiday home, probate etc. )

The Scale of the Problem>In England a total of 680,000 empty homes of which 280,000 were long term privately owned empty homes (the Empty Homes Agency)

>Locally – ‘Buy To Sit’ – Evening Standard

Solutions>Advice and Guidance

>Raising Awareness i.e brochures etc.

>Partnerships i.e. RSLs

>Interest free loans, advice packs, grants

>Private Sector Leasing

Enforcement Action>Empty Dwelling Management Orders

>Compulsory Purchase

>Other Enforcement Action

Empty Dwelling Management Orders>Single aim – Ensure that a dwelling becomes and continues to be occupied

>Balance in legislation i.e. Council properties already subject to PROD

>EDMO the ASBO of empty homes

Empty Dwelling Management Orders>Only used as a final option when all other voluntary measures to bring the property back into use have failed. Application to the Residential Property Tribunal RPT

>Management scheme must be in place>Must show estimates of expenditures and rental income

>Provisions for paying surplus

>Owner’s rights on breach of management scheme

>Initially interim

RPT must decide>Property wholly unoccupied for at least six months

>No reasonable prospect of reuse

>EDMO would result in a reasonable prospect of reoccupation

>Exemptions do not apply

Interim and final EDMOs>Interim lasts up to twelve months

>Interim continues to provide platform for voluntary negotiation

>If no solution then revoked and final EDMO

>Final EDMO lasts up to 7 years

>Must be accompanied by a management scheme

>The owner remains a customer and property must be managed professionally

Compulsory Purchase Orders>If insufficient business case for an EDMO

>Expensive and time consuming

>Suitable for derelict properties

>Potential compensation issues

Other Enforcement Action>Enforced sale

>Debt recovery for charges placed on property

>Certain works in default allow charge to be placed on property

>Potential for other debts to be recovered in this way

Other sources of information>The Empty Property Agency

>195-197 Victoria Street

>T: 020 7828 6288

>http://www.emptyhomes.com/

>SE London Housing Partnership

>9 Larcom St

>T: 0207 525 7725

>http://www.selondonhousing.org/

Any questions?