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82 | Page 80, line 37, leave out paragraph (d) and insert— |
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| “(d) | that section 120(3) or (5) is not to apply in relation to an interim or |
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| (as the case may be) final management order that immediately |
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| preceded the final management order (“the order”), and that |
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| instead the authority intend to use rent or other payments collected |
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| during the currency of the order to reimburse the authority in |
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| respect of any deficit or amount such as is mentioned in that |
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| |
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83 | Insert the following new Clause— |
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| | “Enforcement of management scheme by relevant landlord |
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| (1) | An affected person may apply to a residential property tribunal for an |
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| order requiring the local housing authority to manage the whole or part of |
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| a house in accordance with the management scheme contained in a final |
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| management order made in respect of the house. |
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| (2) | On such an application the tribunal may, if it considers it appropriate to do |
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| |
| (a) | requiring the local housing authority to manage the whole or part |
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| of the house in accordance with the management scheme, or |
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| (b) | revoking the final management order as from a date specified in the |
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| |
| (3) | An order under subsection (2) may— |
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| (a) | specify the steps which the authority are to take to manage the |
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| whole or part of the house in accordance with the management |
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| |
| (b) | include provision varying the final management scheme, |
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| (c) | require the payment of money to an affected person by way of |
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| |
| (4) | In this section “affected person” means— |
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| (a) | a relevant landlord (within the meaning of section 112), and |
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| (b) | any third party to whom compensation is payable by virtue of a |
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| decision of the authority under section (Compensation).” |
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|
84 | Page 82, line 26, after “any” insert “other” |
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|
85 | Page 82, line 35, leave out subsection (1) and insert— |
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|
|
|
|
|
| “(1) | This section applies to existing and new occupiers of a house in relation to |
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| which an interim or final management order is in force. |
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| |
| | “existing occupier” means a person who, at the time when the order |
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| comes into force, either— |
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| (a) | (in the case of an HMO or a Part 3 house) is occupying part |
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| of the house and does not have an estate or interest in the |
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| |
| (b) | (in the case of a Part 3 house) is occupying the whole of the |
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| |
| | but is not a new occupier within subsection (4A); |
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| | “new occupier” means a person who, at a time when the order is in |
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| force, is occupying the whole or part of the house under a lease or |
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| licence granted under section 102(3)(c) or 110(3)(c).” |
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86 | Page 83, line 14, at end insert— |
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| “(4A) | Section 110 does not affect the rights or liabilities of a new occupier who, in |
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| the case of a final management order, is occupying the whole or part of the |
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| house at the time when the order comes into force.” |
|
87 | Page 83, line 26, leave out “section 102(6) or 110(6) or this section” and insert “this |
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| |
|
88 | Insert the following new Clause— |
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| |
| (1) | If a third party requests them to do so at any time, the local housing |
|
| authority must consider whether an amount by way of compensation |
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| should be paid to him in respect of any interference with his rights in |
|
| consequence of an interim or final management order. |
|
| (2) | The authority must notify the third party of their decision as soon as |
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| |
| (3) | Where the local housing authority decide under subsection (1) that |
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| compensation ought to be paid to a third party in consequence of a final |
|
| management order, they must vary the management scheme contained in |
|
| the order so as to specify the amount of the compensation to be paid and to |
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| make provision as to its payment.” |
|
|
89 | Page 85, line 40, leave out from “reason” to end of line 42 |
|
90 | Page 86, line 3, leave out from “of” to end of line 8 and insert— |
|
| “(a) | the local housing authority’s relevant expenditure, and |
|
| (b) | any amounts of compensation payable to third parties by virtue of |
|
| decisions of the authority under section (Compensation), |
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|
|
|
|
|
| | the authority must, as soon as practicable after the termination date, pay |
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| the balance to such relevant landlord, or to such relevant landlords in such |
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| proportions, as they consider appropriate.” |
|
91 | Page 86, leave out lines 9 and 10 |
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92 | Page 86, line 13, leave out from “of” to end of line 17 and insert— |
|
| “(a) | the authority’s relevant expenditure, and |
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| (b) | any amounts of compensation payable as mentioned in subsection |
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| |
| | the difference is recoverable by the authority from such relevant landlord, |
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| or such relevant landlords in such proportions, as they consider |
|
| |
93 | Page 86, line 19, after “to” insert “— |
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| |
| |
94 | Page 86, line 27, at end insert— |
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| “(5A) | The provisions of any of subsections (2) to (5) do not, however, apply in |
|
| relation to the order if — |
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| (a) | the order is followed by a final management order, and |
|
| (b) | the management scheme contained in that final management order |
|
| provides for that subsection not to apply in relation to the order (see |
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| section 112(5)(c) and (d)).” |
|
95 | Page 86, line 29, at end insert— |
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| “( ) | The charge takes effect on the termination date for the order as a legal |
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| charge which is a local land charge.” |
|
|
96 | Page 87, line 16, leave out “in the nature of a lease or licence created” and insert |
|
| “which (in accordance with section (General effect of interim management orders: leases |
|
| and licences granted by authority) or (General effect of final management orders: leases and |
|
| licences granted by authority)) has effect as a lease or licence granted” |
|
97 | Page 87, line 20, after “done” insert “before the termination date” |
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98 | Page 87, line 30, leave out “that” and insert “the termination” |
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99 | Page 87, line 38, leave out “(4)” and insert “(6)” |
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100 | Page 88, line 3, at end insert— |
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| “( ) | This section applies to instruments as it applies to agreements.” |
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|
101 | Insert the following new Clause— |
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|
|
|
|
|
| |
| |
| Empty dwelling management orders |
|
| | Empty dwelling management orders: introductory |
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| (1) | This Chapter deals with the making by a local housing authority |
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| |
| (a) | an interim empty dwelling management order (an “interim |
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| |
| (b) | a final empty dwelling management order (a “final |
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| |
| | in respect of a dwelling. |
|
| (2) | An interim EDMO is an order made to enable a local housing |
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| authority, with the consent of the relevant proprietor, to take steps |
|
| for the purpose of securing that a dwelling becomes and continues |
|
| |
| (3) | A final EDMO is an order made, in succession to an interim EDMO |
|
| or a previous final EDMO, for the purpose of securing that a |
|
| |
| |
| |
| (i) | a building intended to be occupied as a separate |
|
| |
| (ii) | a part of a building intended to be occupied as a |
|
| separate dwelling which may be entered otherwise |
|
| than through any non-residential accommodation in |
|
| |
| (b) | any reference to “the dwelling”, in relation to an interim |
|
| EDMO or a final EDMO, is a reference to the dwelling to |
|
| |
| (c) | “relevant proprietor”, in relation to a dwelling, means— |
|
| (i) | if the dwelling is let under one or more leases with |
|
| an unexpired term of 7 years or more, the lessee |
|
| under whichever of those leases has the shortest |
|
| |
| (ii) | in any other case, the person who has the freehold |
|
| |
| (d) | “third party”, in relation to a dwelling, means any person |
|
| who has an estate or interest in the dwelling (other than the |
|
| relevant proprietor and any person who is a tenant under a |
|
| lease or licence granted under paragraph 2(3)(c) or 10(3)(c) |
|
| of Schedule (Further provisions regarding empty dwelling |
|
| |
| (e) | any reference (however expressed) to rent or other |
|
| payments in respect of occupation of a dwelling includes |
|
|
|
|
|
|
| any payments that the authority receive from persons in |
|
| respect of unlawful occupation of the dwelling. |
|
| (5) | In subsection (4)(c), the reference to an unexpired term of 7 years or |
|
| more of a lease of a dwelling is— |
|
| (a) | in relation to a dwelling in respect of which the local |
|
| housing authority is considering making an interim EDMO, |
|
| a reference to the unexpired term of the lease at the time the |
|
| authority begin taking steps under section (Making of interim |
|
| |
| (b) | in relation to a dwelling in respect of which an interim |
|
| EDMO has been made, a reference to the unexpired term of |
|
| the lease at the time the application for authorisation to |
|
| make the interim EDMO was made under subsection (1) of |
|
| |
| (c) | in relation to a dwelling in respect of which a local housing |
|
| authority is considering making or has made a final EDMO, |
|
| a reference to the unexpired term of the lease at the time the |
|
| application for authorisation to make the preceding interim |
|
| EDMO was made under subsection (1) of that section. |
|
| | “Preceding interim EDMO”, in relation to a final EDMO, means the |
|
| interim EDMO that immediately preceded the final EDMO or, |
|
| where there has been a succession of final EDMOs, the interim |
|
| EDMO that immediately preceded the first of them. |
|
| (6) | Schedule (Further provisions regarding empty dwelling management |
|
| orders) (which makes further provision regarding EDMOs) has |
|
| |
102 | Insert the following new Clause— |
|
| |
| (1) | A local housing authority may make an interim EDMO in respect of a |
|
| |
| (a) | it is a dwelling to which this section applies, and |
|
| (b) | on an application by the authority to a residential property tribunal, |
|
| the tribunal by order authorises them under section (Authorisation |
|
| to make interim EDMOs) to make such an order, either in the terms |
|
| of a draft order submitted by them or in those terms as varied by the |
|
| |
| (2) | This section applies to a dwelling if— |
|
| (a) | the dwelling is wholly unoccupied, and |
|
| (b) | the relevant proprietor is not a public sector body. |
|
| | “Wholly unoccupied” means that no part is occupied, whether lawfully or |
|
| |
| (3) | Before determining whether to make an application to a residential |
|
| property tribunal for an authorisation under section (Authorisation to make |
|
| interim EDMOs), the authority must make reasonable efforts— |
|
| (a) | to notify the relevant proprietor that they are considering making |
|
| an interim EDMO in respect of the dwelling under this section, and |
|
| (b) | to ascertain what steps (if any) he is taking, or is intending to take, |
|
| to secure that the dwelling is occupied. |
|
|
|
|
|
|
| (4) | In determining whether to make an application to a residential property |
|
| tribunal for an authorisation under section (Authorisation to make interim |
|
| EDMOs), the authority must take into account the rights of the relevant |
|
| proprietor of the dwelling and the interests of the wider community. |
|
| (5) | The authority may make an interim EDMO in respect of the dwelling |
|
| despite any pending appeal against the order of the tribunal (but this is |
|
| without prejudice to any order that may be made on the disposal of any |
|
| |
| (6) | An application to a residential property tribunal under this section for |
|
| authorisation to make an interim EDMO in respect of a dwelling may |
|
| include an application for an order under paragraph 22 of Schedule |
|
| (Further provisions regarding empty dwelling management orders) determining |
|
| a lease or licence of the dwelling. |
|
| (7) | In this section “public sector body” means a body mentioned in any of |
|
| paragraphs (a) to (f) of paragraph 2(1) of Schedule 11. |
|
| (8) | Part 1 of Schedule 6 applies in relation to the making of an interim EDMO |
|
| in respect of a dwelling as it applies in relation to the making of an interim |
|
| management order in respect of a house, subject to the following |
|
| |
| (a) | paragraph 7(2) does not apply; |
|
| (b) | paragraph 7(4)(c) is to be read as referring instead to the date on |
|
| which the order is to cease to have effect in accordance with |
|
| paragraph 1(3) and (4) or 9(3) to (5) of Schedule (Further provisions |
|
| regarding empty dwelling management orders); |
|
| |
| (i) | paragraph (a) is to be read as referring instead to Part 4 of |
|
| Schedule (Further provisions regarding empty dwelling |
|
| |
| (ii) | paragraph (b) does not apply; |
|
| (d) | paragraph 8(4) is to be read as defining “relevant person” as any |
|
| person who, to the knowledge of the local housing authority, is a |
|
| person having an estate or interest in the dwelling (other than a |
|
| person who is a tenant under a lease or licence granted under |
|
| paragraph 2(3)(c) of Schedule (Further provisions regarding empty |
|
| dwelling management orders)).” |
|
103 | Insert the following new Clause— |
|
| “Authorisation to make interim EDMOs |
|
| (1) | A residential property tribunal may authorise a local housing authority to |
|
| make an interim EDMO in respect of a dwelling to which section (Making |
|
| of interim EDMOs) applies if the tribunal— |
|
| (a) | is satisfied as to the matters mentioned in subsection (2), and |
|
| (b) | is not satisfied that the case falls within one of the prescribed |
|
| |
| (2) | The matters as to which the tribunal must be satisfied are— |
|
| (a) | that the dwelling has been wholly unoccupied for at least 6 months |
|
| or such longer period as may be prescribed, |
|
| (b) | that there is no reasonable prospect that the dwelling will become |
|
| occupied in the near future, |
|
|
|
|
|
|
| (c) | that, if an interim order is made, there is a reasonable prospect that |
|
| the dwelling will become occupied, |
|
| (d) | that the authority have complied with section (Making of interim |
|
| |
| (e) | that any prescribed requirements have been complied with. |
|
| (3) | In deciding whether to authorise a local housing authority to make an |
|
| interim EDMO in respect of a dwelling, the tribunal must take into |
|
| |
| (a) | the interests of the community, and |
|
| (b) | the effect that the order will have on the rights of the relevant |
|
| proprietor and may have on the rights of third parties. |
|
| (4) | On authorising a local housing authority to make an interim EDMO in |
|
| respect of a dwelling, the tribunal may, if it thinks fit, make an order |
|
| requiring the authority (if they make the EDMO) to pay to any third party |
|
| specified in the order an amount of compensation in respect of any |
|
| interference in consequence of the order with the rights of the third party. |
|
| (5) | The appropriate national authority may by order— |
|
| (a) | prescribe exceptions for the purposes of subsection (1)(b), |
|
| (b) | prescribe a period of time for the purposes of subsection (2)(a), and |
|
| (c) | prescribe requirements for the purposes of subsection (2)(e). |
|
| (6) | An order under subsection (5)(a) may, in particular, include exceptions in |
|
| |
| (a) | dwellings that have been occupied solely or principally by the |
|
| relevant proprietor who is at the material time temporarily resident |
|
| |
| (b) | dwellings that are holiday homes or that are otherwise occupied by |
|
| the relevant proprietor or his guests on a temporary basis from time |
|
| |
| (c) | dwellings undergoing repairs or renovation; |
|
| (d) | dwellings in respect of which an application for planning |
|
| permission or building control approval is outstanding; |
|
| (e) | dwellings which are genuinely on the market for sale or letting; |
|
| (f) | dwellings where the relevant proprietor has died not more than the |
|
| prescribed number of months before the material time. |
|
| |
| | “building control approval” means approval for the carrying out of |
|
| any works under building regulations; |
|
| | “planning permission” has the meaning given by section 336(1) of the |
|
| Town and Country Planning Act 1990 (c. 8); |
|
| | “prescribed” means prescribed by an order under subsection (5); |
|
| | “wholly unoccupied” means that no part is occupied, whether |
|
| |
104 | Insert the following new Clause— |
|
| “Local housing authority’s duties once interim EDMO in force |
|
| (1) | A local housing authority who have made an interim EDMO in respect of |
|
| a dwelling must comply with the following provisions as soon as |
|
|