(27-32)

House of Commons

Session 2002 - 03
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Other Bills before Parliament

(  27  )

practicable after the order has come into force (see paragraph 1 of Schedule

(Further provisions regarding empty dwelling management orders)).

(2)
The authority must take such steps as they consider appropriate for the

purpose of securing that the dwelling becomes and continues to be

occupied.

(3)
The authority must also take such other steps as they consider appropriate

with a view to the proper management of the dwelling pending—

(a)
the making of a final EDMO in respect of the dwelling under section

(Making of final EDMOs), or

(b)
the revocation of the interim EDMO.

(4)
If the local housing authority conclude that there are no steps which they

could appropriately take under the order for the purpose of securing that

the dwelling becomes occupied, the authority must either—

(a)
make a final EDMO in respect of the dwelling under section

(Making of final EDMOs), or

(b)
revoke the order under paragraph 7 of Schedule (Further provisions

regarding empty dwelling management orders) without taking any

further action.

(5)
For the avoidance of doubt, the authority’s duty under subsection (3)

includes taking such steps as are necessary to ensure that, while the order

is in force, reasonable provision is made for insurance of the dwelling

against destruction or damage by fire or other causes.”
105
Insert the following new Clause—

“Making of final EDMOs

(1)
A local housing authority may make a final EDMO to replace an interim

EDMO made under section (Making of interim EDMOs) if—

(a)
they consider that, unless a final EDMO is made in respect of the

dwelling, the dwelling is likely to become or remain unoccupied;

(b)
where the dwelling is unoccupied, they have taken all such steps as

it was appropriate for them to take under the interim EDMO with a

view to securing the occupation of the dwelling.

(2)
A local housing authority may make a new final EDMO so as to replace a

final EDMO made under this section if—

(a)
they consider that, unless a new final EDMO is made in respect of

the dwelling, the dwelling is likely to become or remain

unoccupied; and

(b)
where the dwelling is unoccupied, they have taken all such steps as

it was appropriate for them to take under the existing final EDMO

with a view to securing the occupation of the dwelling.

(3)
In deciding whether to make a final EDMO in respect of a dwelling, the

authority 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)
Before making a final EDMO under this section, the authority must

consider whether compensation should be paid by them to any third party

(  28  )

in respect of any interference in consequence of the order with the rights of

the third party.

(5)
Part 1 of Schedule 6 applies in relation to the making of a final EDMO in

respect of a dwelling as it applies in relation to the making of a final

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) is to be read as referring instead to paragraph

27(2) of Schedule (Further provisions regarding empty dwelling

management orders);

(d)
paragraph 7(6) in addition is to be read as requiring the notice

under paragraph 7(5) also to contain—

(i)
the decision of the authority as to whether to pay

compensation to any third party,

(ii)
the amount of any such compensation to be paid, and

(iii)
information about the right of appeal against the decision

under paragraph 34 of Schedule (Further provisions regarding

empty dwelling management orders);

(e)
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) or 10(3)(c) of Schedule (Further provisions

regarding empty dwelling management orders)).”
106
Insert the following new Clause—

“Local housing authority’s duties once final EDMO in force

(1)
A local housing authority who have made a final EDMO in respect of a

dwelling must comply with the following provisions once the order has

come into force (see paragraph 9 of Schedule (Further provisions regarding

empty dwelling management orders)).

(2)
The authority must take such steps as they consider appropriate for the

purpose of securing that the dwelling is occupied.

(3)
The authority must also take such other steps as they consider appropriate

with a view to the proper management of the dwelling in accordance with

the management scheme contained in the order (see paragraph 13 of

Schedule (Further provisions regarding empty dwelling management orders)).

(4)
The authority must from time to time review—

(a)
the operation of the order and in particular the management

scheme contained in it,

(  29  )

(b)
whether, if the dwelling is unoccupied, there are any steps which

they could appropriately take under the order for the purpose of

securing that the dwelling becomes occupied, and

(c)
whether keeping the order in force in relation to the dwelling (with

or without making any variations under paragraph 15 of Schedule

(Further provisions regarding empty dwelling management orders)) is

necessary to secure that the dwelling becomes or remains occupied.

(5)
If on a review the authority consider that any variations should be made

under paragraph 15 of Schedule (Further provisions regarding empty dwelling

management orders), they must proceed to make those variations.

(6)
If the dwelling is unoccupied and on a review the authority conclude that

either—

(a)
there are no steps which they could appropriately take as

mentioned in subsection (4)(b), or

(b)
keeping the order in force is not necessary as mentioned in

subsection (4)(c),


they must proceed to revoke the order.

(7)
For the avoidance of doubt, the authority’s duty under subsection (3)

includes taking such steps as are necessary to ensure that, while the order

is in force, reasonable provision is made for insurance of the dwelling

against destruction or damage by fire or other causes.”
107
Insert the following new Clause—

“Compensation payable to third parties

(1)
A third party may, while an interim EDMO is in force in respect of a

dwelling, apply to a residential property tribunal for an order requiring the

local housing authority to pay to him compensation in respect of any

interference in consequence of the order with his rights in respect of the

dwelling.

(2)
On such an application, the tribunal may, if it thinks fit, make an order

requiring the authority to pay to the third party an amount by way of

compensation in respect of any such interference.

(3)
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 in consequence of a

final EDMO with his rights.

(4)
The authority must notify the third party of their decision as soon as

practicable.

(5)
Where the local housing authority decide under subsection (3) that

compensation ought to be paid to a third party, 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 123
108
Page 88, line 34, leave out “section” and insert “Chapter”

(  30  )

Clause 127
109
Page 91, line 7, at end insert—

“(6)
A residential property tribunal may allow an appeal to be made to it after

the end of the period mentioned in subsection (1) if it is satisfied that there

is good reason for the failure to appeal before the end of that period (and

for any delay since then in applying for permission to appeal out of time).”
Clause 128
110
Page 91, line 19, at end insert—

“(2A)
An appeal under subsection (2) must be made within—

(a)
the period of 21 days beginning with the date when the applicant is

notified by the authority of their decision to refuse the application,

or

(b)
the period of 21 days immediately following the end of the period

(or further period) applying for the purposes of paragraph (b) of

that subsection,


as the case may be.”
111
Page 91, line 23, at end insert—

“( )
A residential property tribunal may allow an appeal to be made to it after

the end of the 21-day period mentioned in subsection (2A)(a) or (b) if it is

satisfied that there is good reason for the failure to appeal before the end of

that period (and for any delay since then in applying for permission to

appeal).”
112
Page 91, line 24, leave out subsection (5) and insert—

“(5)
In this section “relevant person” means—

(a)
any person who has an estate or interest in the HMO concerned, or

(b)
any other person who is a person managing or having control of it.”
Before Clause 129
113
Insert the following new Clause—


“Supplementary provisions

(1)
The appropriate national authority may by regulations make such

provision as it considers appropriate for supplementing the provisions of

Chapter 1 or 2 in relation to cases where a local housing authority are to be

treated as the lessee under a lease under—

(a)
section 102(5) or 110(5), or

(b)
paragraph 2(6) or 10(6) of Schedule (Further provisions regarding

empty dwelling management orders).

(2)
Regulations under this section may, in particular, make provision—

(a)
as respects rights and liabilities in such cases of—

(i)
the authority,

(ii)
the person who (apart from the relevant provision

mentioned in subsection (1)) is the lessee under the lease, or

(iii)
other persons having an estate or interest in the premises

demised under the lease;

(  31  )

(b)
requiring the authority to give copies to the person mentioned in

paragraph (a)(ii) of notices and other documents served on them in

connection with the lease;

(c)
for treating things done by or in relation to the authority as done by

or in relation to that person or vice versa.”
114
Insert the following new Clause—

“Interpretation and modification of this Part

(1)
In this Part—


“HMO” means a house in multiple occupation as defined by sections

217 to 222,


“Part 3 house” means a house to which Part 3 of this Act applies (see

section 76(2)),


and any reference to an HMO or Part 3 house includes (where the context

permits) a reference to any yard, garden, outhouses and appurtenances

belonging to, or usually enjoyed with, it (or any part of it).

(2)
For the purposes of this Part “mortgage” includes a charge or lien, and

“mortgagee” is to be read accordingly.

(3)
The appropriate national authority may by regulations provide for—

(a)
any provision of this Part, or

(b)
section 225 (in its operation for the purposes of any such provision),


to have effect in relation to a section 220 HMO with such modifications as

are prescribed by the regulations.

(4)
A “section 220 HMO” is an HMO which is a converted block of flats to

which section 220 applies.”
Clause 129
115
Page 91, line 33, at end insert—

“Dwelling
Section (Empty dwelling

management orders:

introductory)(4)(a) and (b)

Final EDMO
Section (Empty dwelling

management orders:

introductory)(1)(b)”

116
Page 91, line 36, leave out “96(6)” and insert “(Interpretation and modification of this

Part)(1)
117
Page 92, line 2, at end insert—

“Interim EDMO
Section (Empty dwelling

management orders:

introductory)(1)(a)”

118
Page 92, line 9, leave out “103(6)” and insert “(Interpretation and modification of this

Part)(2)
119
Page 92, line 12, leave out “96(6)” and insert “(Interpretation and modification of this

(  32  )

Part)(1)
120
Page 92, line 15, at end insert—

“Relevant proprietor
Section (Empty dwelling

management orders:

introductory)(4)(c) and (5)

Rent or other payments
Section (Empty dwelling

(in Chapter 2)
management orders:

introductory)(4)(e)”

121
Page 92, line 17, at end insert—

“Third party (in Chapter 1)
Section 96(9)”

122
Page 92, line 17, at end insert—

“Third party (in Chapter
Section (Empty dwelling

2)
management orders:

introductory)(4)(d).”

Clause 131
123
Page 93, line 1, at end insert—

“(A1)
In this Part references to “the market” are to the residential property market

in England and Wales.”
124
Page 93, line 3, leave out “a view to” and insert “the intention of”
Clause 132
125
Page 93, line 16, leave out “of business”
Clause 133
126
Page 93, line 31, leave out from “is” to “and” in line 32 and insert “on the market

(“the property”)”
Clause 136
127
Page 94, line 29, leave out “in England and Wales”
Clause 137
128
Page 94, line 40, at end insert—

“( )
That duty does not apply if, and for so long as, the seller determines that

the property is to be sold without a home information pack, and in the

event the estate agent for the seller is the responsible person, the seller has

so informed him.”
129
Page 95, line 1, leave out “to” and insert “where the responsible person is”