(20-26)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  20  )
82
Page 80, line 37, leave out paragraph (d) and insert—

“(d)
that section 120(3) or (5) is not to apply in relation to an interim or

(as the case may be) final management order that immediately

preceded the final management order (“the order”), and that

instead the authority intend to use rent or other payments collected

during the currency of the order to reimburse the authority in

respect of any deficit or amount such as is mentioned in that

subsection;”
After Clause 112
83
Insert the following new Clause—

“Enforcement of management scheme by relevant landlord

(1)
An affected person may apply to a residential property tribunal for an

order requiring the local housing authority to manage the whole or part of

a house in accordance with the management scheme contained in a final

management order made in respect of the house.

(2)
On such an application the tribunal may, if it considers it appropriate to do

so, make an order—

(a)
requiring the local housing authority to manage the whole or part

of the house in accordance with the management scheme, or

(b)
revoking the final management order as from a date specified in the

tribunal’s order.

(3)
An order under subsection (2) may—

(a)
specify the steps which the authority are to take to manage the

whole or part of the house in accordance with the management

scheme,

(b)
include provision varying the final management scheme,

(c)
require the payment of money to an affected person by way of

damages.

(4)
In this section “affected person” means—

(a)
a relevant landlord (within the meaning of section 112), and

(b)
any third party to whom compensation is payable by virtue of a

decision of the authority under section (Compensation).”
Clause 114
84
Page 82, line 26, after “any” insert “other”
Clause 116
85
Page 82, line 35, leave out subsection (1) and insert—

(  21  )

“(1)
This section applies to existing and new occupiers of a house in relation to

which an interim or final management order is in force.

(1A)
In this section—


“existing occupier” means a person who, at the time when the order

comes into force, either—

(a)
(in the case of an HMO or a Part 3 house) is occupying part

of the house and does not have an estate or interest in the

whole of the house, or

(b)
(in the case of a Part 3 house) is occupying the whole of the

house,


but is not a new occupier within subsection (4A);


“new occupier” means a person who, at a time when the order is in

force, is occupying the whole or part of the house under a lease or

licence granted under section 102(3)(c) or 110(3)(c).”
86
Page 83, line 14, at end insert—

“(4A)
Section 110 does not affect the rights or liabilities of a new occupier who, in

the case of a final management order, is occupying the whole or part of the

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

Part”
After Clause 119
88
Insert the following new Clause—

“Compensation

(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

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

practicable.

(3)
Where the local housing authority decide under subsection (1) that

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

make provision as to its payment.”
Clause 120
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),

(  22  )


the authority must, as soon as practicable after the termination date, pay

the balance to such relevant landlord, or to such relevant landlords in such

proportions, as they consider appropriate.”
91
Page 86, leave out lines 9 and 10
92
Page 86, line 13, leave out from “of” to end of line 17 and insert—

“(a)
the authority’s relevant expenditure, and

(b)
any amounts of compensation payable as mentioned in subsection

(2)(b),


the difference is recoverable by the authority from such relevant landlord,

or such relevant landlords in such proportions, as they consider

appropriate.”
93
Page 86, line 19, after “to” insert “—

(a)
a third party, or

(b)”
94
Page 86, line 27, at end insert—

“(5A)
The provisions of any of subsections (2) to (5) do not, however, apply in

relation to the order if —

(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

section 112(5)(c) and (d)).”
95
Page 86, line 29, at end insert—

“( )
The charge takes effect on the termination date for the order as a legal

charge which is a local land charge.”
Clause 121
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”
98
Page 87, line 30, leave out “that” and insert “the termination”
99
Page 87, line 38, leave out “(4)” and insert “(6)”
100
Page 88, line 3, at end insert—

“( )
This section applies to instruments as it applies to agreements.”
After Clause 122
101
Insert the following new Clause—

(  23  )

“Chapter 2

Empty dwelling management orders

Empty dwelling management orders: introductory

(1)
This Chapter deals with the making by a local housing authority

of—

(a)
an interim empty dwelling management order (an “interim

EDMO”), or

(b)
a final empty dwelling management order (a “final

EDMO”),


in respect of a dwelling.

(2)
An interim EDMO is an order made to enable a local housing

authority, with the consent of the relevant proprietor, to take steps

for the purpose of securing that a dwelling becomes and continues

to be occupied.

(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

dwelling is occupied.

(4)
In this Chapter—

(a)
“dwelling” means—

(i)
a building intended to be occupied as a separate

dwelling, or

(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

the building;

(b)
any reference to “the dwelling”, in relation to an interim

EDMO or a final EDMO, is a reference to the dwelling to

which the order relates;

(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

unexpired term; or

(ii)
in any other case, the person who has the freehold

estate in the dwelling;

(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

management orders)); and

(e)
any reference (however expressed) to rent or other

payments in respect of occupation of a dwelling includes

(  24  )

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

EDMOs)(3),

(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

that section, or

(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

effect.”
102
Insert the following new Clause—

“Making of interim EDMOs

(1)
A local housing authority may make an interim EDMO in respect of a

dwelling if—

(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

tribunal.

(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

unlawfully.

(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.

(  25  )

(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

such appeal).

(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

modifications—

(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);

(c)
in paragraph 7(6)—

(i)
paragraph (a) is to be read as referring instead to Part 4 of

Schedule (Further provisions regarding empty dwelling

management orders); and

(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

exceptions.

(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,

(  26  )

(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

EDMOs)(3), and

(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

account—

(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

relation to—

(a)
dwellings that have been occupied solely or principally by the

relevant proprietor who is at the material time temporarily resident

elsewhere;

(b)
dwellings that are holiday homes or that are otherwise occupied by

the relevant proprietor or his guests on a temporary basis from time

to 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.

(7)
In this section—


“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

lawfully or unlawfully.”
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