|
|
|
|
|
| (i) | the dwelling will either become or continue to be |
|
| occupied, despite the order being revoked, or |
|
| (ii) | that the dwelling is to be sold; |
|
| (c) | where a final EDMO has been made by the authority in respect |
|
| of the dwelling so as to replace the order; |
|
| (d) | where the authority conclude that it would be appropriate to |
|
| revoke the order in order to prevent or stop interference with the |
|
| rights of a third party in consequence of the order; and |
|
| (e) | where in any other circumstances the authority consider it |
|
| appropriate to revoke the order. |
|
| (2) | But, in a case where the dwelling is occupied, the local housing authority |
|
| may not revoke an interim EDMO under sub-paragraph (1)(b), (d) or (e) |
|
| unless the relevant proprietor consents. |
|
| (3) | A revocation does not come into force until such time, if any, as is the |
|
| operative time for the purposes of this sub-paragraph under paragraph |
|
| 33 (time when period for appealing expires without an appeal being |
|
| made or when decision to revoke is confirmed on appeal). |
|
| (4) | The power to revoke an order under this paragraph is exercisable by the |
|
| |
| (a) | on an application made by a relevant person, or |
|
| (b) | on the authority’s own initiative. |
|
| (5) | Where a relevant person applies to the authority for the revocation of an |
|
| order under this paragraph, the authority may refuse to revoke the order |
|
| unless the relevant proprietor (or some other person) agrees to pay to the |
|
| authority any deficit such as is mentioned in paragraph 23(4). |
|
| (6) | In this paragraph “relevant person” means any person who has 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)). |
|
| 8 (1) | Part 2 of Schedule 6 applies in relation to the variation or revocation of |
|
| an interim EDMO as it applies in relation to the variation or revocation |
|
| of an interim management order. |
|
| (2) | But Part 2 of that Schedule so applies as if— |
|
| (a) | references to the right of appeal under Part 3 of the Schedule and |
|
| to paragraph 29(2) were to the right of appeal under Part 4 of this |
|
| Schedule and to paragraph 31(2) of this Schedule, and |
|
| (b) | paragraph 23(4) defined “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) |
|
| |
| |
| |
| |
| 9 (1) | This paragraph deals with the time when a final EDMO comes into force |
|
| or ceases to have effect. |
|
| (2) | The order does not come into force until such time (if any) as is the |
|
| operative time for the purposes of this sub-paragraph under paragraph |
|
|
|
|
|
|
| 29 (time when period for appealing expires without an appeal being |
|
| made or when order is confirmed on appeal). |
|
| (3) | The order ceases to have effect at the end of the period of 7 years |
|
| beginning with the date on which it comes into force, unless it ceases to |
|
| have effect at some other time as mentioned below. |
|
| (4) | If the order provides that it is to cease to have effect on a date falling |
|
| before the end of that period, it accordingly ceases to have effect on that |
|
| |
| |
| (a) | the order provides that it is to cease to have effect on a date falling |
|
| after the end of that period, and |
|
| (b) | the relevant proprietor of the dwelling has consented to that |
|
| |
| | the order accordingly ceases to have effect on that date. |
|
| (6) | Sub-paragraphs (7) and (8) apply where— |
|
| (a) | a new final EDMO (“the new order”) has been made so as to |
|
| replace the order (“the existing order”), but |
|
| (b) | the new order has not come into force because of an appeal to a |
|
| residential property tribunal under paragraph 26 against the |
|
| |
| (7) | If the date on which the new order comes into force in relation to the |
|
| dwelling following the disposal of the appeal is later than the date on |
|
| which the existing order would cease to have effect apart from this sub- |
|
| paragraph, the existing order continues in force until that later date. |
|
| (8) | If, on the application of the authority, the tribunal makes an order |
|
| providing for the existing order to continue in force, pending the |
|
| disposal of the appeal, until a date later than that on which it would |
|
| cease to have effect apart from this sub-paragraph, the existing order |
|
| accordingly continues in force until that later date. |
|
| (9) | This paragraph has effect subject to paragraphs 15 and 16 (variation or |
|
| revocation of orders) and to the power of revocation exercisable by a |
|
| residential property tribunal on an appeal made under paragraph 26 or |
|
| |
| General effect of final EDMOs |
|
| 10 (1) | This paragraph applies while a final EDMO is in force in relation to a |
|
| |
| (2) | The rights and powers conferred by sub-paragraph (3) are exercisable by |
|
| the authority in performing their duties under section (Local housing |
|
| authority’s duties once final EDMO in force)(1) to (3) in respect of the |
|
| |
| |
| (a) | have the right to possession of the dwelling (subject to the rights |
|
| of existing and other occupiers preserved by paragraph 18(3) and |
|
| |
| (b) | have the right to do (and authorise a manager or other person to |
|
| do) in relation to the dwelling anything which the relevant |
|
| proprietor of the dwelling would (but for the order) be entitled to |
|
| |
| (c) | may create one or more of the following— |
|
|
|
|
|
|
| (i) | an interest in the dwelling which, as far as possible, has |
|
| all the incidents of a leasehold, or |
|
| (ii) | a right in the nature of a licence to occupy part of the |
|
| |
| (d) | may apply to a residential property tribunal for an order under |
|
| paragraph 22 determining a lease or licence of the dwelling. |
|
| (4) | The powers of the authority under sub-paragraph (3)(c) are restricted as |
|
| |
| (a) | they may not create any interest or right in the nature of a lease |
|
| |
| (i) | which is for a fixed term expiring after the date on which |
|
| the order is due to expire, or |
|
| (ii) | (subject to paragraph (b)) which is terminable by notice to |
|
| quit, or an equivalent notice, of more than 4 weeks, |
|
| | unless consent in writing has been given by the relevant |
|
| |
| (b) | they may create an interest in the nature of an assured shorthold |
|
| tenancy without any such consent so long as it is created before |
|
| the beginning of the period of 6 months that ends with the date |
|
| on which the order is due to expire. |
|
| |
| (a) | do not under this paragraph acquire any estate or interest in the |
|
| |
| (b) | accordingly are not entitled by virtue of this paragraph to sell, |
|
| lease, charge or make any other disposition of any such estate or |
|
| |
| (6) | But, where the relevant proprietor of the dwelling is a lessee under a |
|
| lease of the dwelling, the authority are to be treated (subject to sub- |
|
| paragraph (5)(a)) as if they were the lessee instead. |
|
| (7) | Any enactment or rule of law relating to landlords and tenants or leases |
|
| |
| (a) | a lease in relation to which the authority are to be treated as the |
|
| lessee under sub-paragraph (6), or |
|
| (b) | a lease to which the authority become a party under paragraph |
|
| |
| | as if the authority were the legal owner of the premises (but this is subject |
|
| to paragraph 12(4) to (6)). |
|
| (8) | None of the following, namely— |
|
| |
| (b) | any person authorised under sub-paragraph (3)(b), |
|
| | is liable to any person having an estate or interest in the dwelling for |
|
| anything done or omitted to be done in the performance (or intended |
|
| performance) of the authority’s duties under section (Local housing |
|
| authority’s duties once final EDMO in force)(1) to (3) unless the act or |
|
| omission is due to negligence of the authority or any such person. |
|
| (9) | A final EDMO which has come into force is a local land charge. |
|
| (10) | The authority may apply to the Chief Land Registrar for the entry of an |
|
| appropriate restriction in the register in respect of such an order. |
|
|
|
|
|
|
| (11) | In this paragraph “enactment” includes an enactment comprised in |
|
| subordinate legislation (within the meaning of the Interpretation Act |
|
| |
| General effect of final EDMOs: leases and licences granted by authority |
|
| 11 (1) | This paragraph applies in relation to any interest or right created by the |
|
| authority under paragraph 10(3)(c). |
|
| (2) | For the purposes of any enactment or rule of law— |
|
| (a) | any interest created by the authority under paragraph 10(3)(c)(i) |
|
| is to be treated as if it were a legal lease, and |
|
| (b) | any right created by the authority under paragraph 10(3)(c)(ii) is |
|
| to be treated as if it were a licence to occupy granted by the legal |
|
| |
| | despite the fact that the authority have no legal estate in the dwelling |
|
| (see paragraph 10(5)(a)). |
|
| (3) | Any enactment or rule of law relating to landlords and tenants or leases |
|
| accordingly applies in relation to any interest created by the authority |
|
| under paragraph 10(3)(c)(i) as if the authority were the legal owner of the |
|
| |
| (4) | References to leases and licences— |
|
| |
| (b) | in any other enactment, |
|
| | accordingly include (where the context permits) interests and rights |
|
| created by the authority under paragraph 10(3)(c). |
|
| (5) | The preceding provisions of this paragraph have effect subject to— |
|
| (a) | paragraph 12(4) to (6), and |
|
| (b) | any provision to the contrary contained in an order made by the |
|
| appropriate national authority. |
|
| (6) | In paragraph 10(5)(b) the reference to leasing does not include the |
|
| creation of interests under paragraph 10(3)(c)(i). |
|
| |
| | “enactment” has the meaning given by paragraph 10(11); |
|
| | “legal lease” means a term of years absolute (within section 1(1)(b) |
|
| of the Law of Property Act 1925 (c. 20)). |
|
| General effect of final EDMOs: relevant proprietor, mortgagees etc. |
|
| 12 (1) | This paragraph applies in relation to— |
|
| (a) | the relevant proprietor, and |
|
| (b) | other persons with an estate or interest in the dwelling, |
|
| | while a final EDMO is in force in relation to a dwelling. |
|
| (2) | Where the relevant proprietor is a lessor or licensor under a lease or |
|
| licence of the dwelling, the lease or licence has effect while the order is |
|
| in force as if the local housing authority were substituted in it for the |
|
| |
| (3) | Such a lease continues to have effect, as far as possible, as a lease despite |
|
| the fact that the rights of the local housing authority, as substituted for |
|
| the lessor, do not amount to an estate in law in the dwelling. |
|
|
|
|
|
|
| (4) | The provisions mentioned in sub-paragraph (5) do not apply to a lease |
|
| or licence within sub-paragraph (2). |
|
| |
| (a) | the provisions which exclude local authority lettings from the |
|
| |
| (i) | sections 14 to 16 of the Rent Act 1977 (c. 42), and |
|
| (ii) | those sections as applied by Schedule 2 to the Rent |
|
| (Agriculture) Act 1976 (c. 80) and section 5(2) to (4) of that |
|
| |
| (b) | section 1(2) of, and paragraph 12 of Part 1 of Schedule 1 to, the |
|
| Housing Act 1988 (c. 50) (which exclude local authority lettings |
|
| from Part 1 of that Act). |
|
| (6) | Nothing in this Chapter has the result that the authority are to be treated |
|
| as the legal owner of any premises for the purposes of— |
|
| (a) | section 80 of the Housing Act 1985 (c. 68) (the landlord condition |
|
| for secure tenancies); or |
|
| (b) | section 124 of the Housing Act 1996 (c. 52) (introductory |
|
| |
| (7) | The relevant proprietor of the dwelling— |
|
| (a) | is not entitled to receive any rents or other payments made in |
|
| respect of occupation of the dwelling; |
|
| (b) | may not exercise any rights or powers with respect to the |
|
| management of the dwelling; and |
|
| (c) | may not create any of the following— |
|
| (i) | any leasehold interest in the dwelling or a part of it (other |
|
| than a lease of a reversion), or |
|
| (ii) | any licence or other right to occupy it. |
|
| (8) | However (subject to sub-paragraph (7)(c)) nothing in paragraph 10 or |
|
| this paragraph affects the ability of a person having an estate or interest |
|
| in the dwelling to make any disposition of that estate or interest. |
|
| (9) | Nothing in paragraph 10 or this paragraph affects— |
|
| (a) | the validity of any mortgage relating to the dwelling or any |
|
| rights or remedies available to the mortgagee under such a |
|
| |
| (b) | the validity of any lease of the dwelling under which the relevant |
|
| proprietor is a lessee, or any superior lease, or (subject to |
|
| paragraph 10(6)) any rights or remedies available to the lessor |
|
| |
| | except to the extent that any of those rights or remedies would prevent |
|
| the local housing authority from exercising their power under |
|
| |
| (10) | In proceedings for the enforcement of any such rights or remedies the |
|
| court may make such order as it thinks fit as regards the operation of the |
|
| final EDMO (including an order quashing it). |
|
| Management scheme and accounts |
|
| 13 (1) | A final EDMO must contain a management scheme. |
|
| (2) | A “management scheme” is a scheme setting out how the local housing |
|
| authority are to carry out their duties under section (Local housing |
|
|
|
|
|
|
| authority’s duties once final EDMO in force)(1) to (3) as respects the |
|
| |
| (3) | The scheme is to contain a plan giving details of the way in which the |
|
| authority propose to manage the dwelling, which must (in particular) |
|
| |
| (a) | details of any works that the authority intend to carry out in |
|
| connection with the dwelling; |
|
| (b) | an estimate of the capital and other expenditure to be incurred by |
|
| the authority in respect of the dwelling while the order is in force; |
|
| (c) | the amount of rent which, in the opinion of the authority, the |
|
| dwelling might reasonably be expected to fetch on the open |
|
| market at the time the management scheme is made; |
|
| (d) | the amount of rent or other payments that the authority will seek |
|
| |
| (e) | the amount of any compensation that is payable to a third party |
|
| by virtue of a decision of the authority under section (Making of |
|
| final EDMOs)(4) or (Compensation payable to third parties)(3) in |
|
| respect of any interference in consequence of the final EDMO |
|
| with the rights of that person; |
|
| (f) | provision as to the payment of any such compensation and of any |
|
| compensation payable to a dispossessed landlord or tenant by |
|
| virtue of an order under paragraph 22(5); |
|
| (g) | where the amount of rent payable to the authority in respect of |
|
| the dwelling for a period is less than the amount of rent |
|
| mentioned in paragraph (c) in respect of a period of the same |
|
| length, provision as to the following— |
|
| (i) | the deduction from the difference of relevant expenditure |
|
| and any amounts of compensation payable to a third |
|
| party or dispossessed landlord or tenant; |
|
| (ii) | the payment of any remaining amount to the relevant |
|
| |
| (iii) | the deduction from time to time of any remaining amount |
|
| from any amount that the authority are entitled to recover |
|
| from the proprietor under paragraph 23(5) or (6); |
|
| (h) | provision as to the payment by the authority to the relevant |
|
| proprietor from time to time of amounts of rent or other |
|
| payments that remain after the deduction of— |
|
| (i) | relevant expenditure, and |
|
| (ii) | any amount of compensation payable to a third party or |
|
| dispossessed landlord or tenant; |
|
| (i) | provision as to the manner in which the authority are to pay to |
|
| the relevant proprietor, on the termination of the final EDMO, |
|
| the balance of any amounts of rent or other payments that remain |
|
| after the deduction of relevant expenditure and any amounts of |
|
| compensation payable to a third party or dispossessed landlord |
|
| |
| (j) | provision as to the manner in which the authority are to pay, on |
|
| the termination of the final EDMO, any outstanding amount of |
|
| compensation payable to a third party or dispossessed landlord |
|
| |
| (4) | The scheme may also state— |
|
| (a) | the authority’s intentions as regards the use of rent or other |
|
| payments to meet relevant expenditure; |
|
|
|
|
|
|
| (b) | the authority’s intentions as regards the payment to the relevant |
|
| proprietor (where appropriate) of interest on amounts within |
|
| sub-paragraph (3)(h) and (i); |
|
| (c) | that paragraph 23(2) or, where the relevant proprietor consents, |
|
| paragraph 23(3)(c) is not to apply in relation to an interim EDMO |
|
| or (as the case may be) final EDMO that immediately preceded |
|
| the final EDMO, and that instead the authority intend to use any |
|
| balance such as is mentioned in that sub-paragraph to meet— |
|
| (i) | relevant expenditure incurred during the currency of that |
|
| |
| (ii) | any compensation that may become payable to a third |
|
| party or a dispossessed landlord or tenant; |
|
| (d) | that paragraph 23(4) to (6) are not to apply in relation to an |
|
| interim EDMO or, where the relevant proprietor consents, a final |
|
| EDMO that immediately preceded the final EDMO, and that |
|
| instead the authority intend to use rent or other payments |
|
| collected during the currency of that final EDMO to reimburse |
|
| the authority in respect of any deficit such as is mentioned in |
|
| |
| (e) | the authority’s intentions as regards the recovery from the |
|
| relevant proprietor, with or without interest, of any amount of |
|
| relevant expenditure incurred under a previous interim EDMO |
|
| or final EDMO that the authority are entitled to recover from the |
|
| proprietor under paragraph 23(5) or (6). |
|
| |
| (a) | keep full accounts of their income and expenditure in respect of |
|
| |
| (b) | afford to the relevant proprietor, and to any other person who |
|
| has an estate or interest in the dwelling, all reasonable facilities |
|
| for inspecting, taking copies of and verifying those accounts. |
|
| |
| | “dispossessed landlord or tenant” means a person who was a |
|
| lessor, lessee, licensor or licensee under a lease or licence |
|
| determined by an order under paragraph 22; |
|
| | “relevant expenditure” means— |
|
| (a) | expenditure incurred by the authority with the consent |
|
| of the relevant proprietor, or |
|
| (b) | any other expenditure reasonably incurred by the |
|
| |
| | in connection with performing their duties under section (Local |
|
| housing authority’s duties once interim EDMO in force)(1) to (3) or |
|
| (Local housing authority’s duties once final EDMO in force)(1) to (3) |
|
| in respect of the dwelling (including any reasonable |
|
| administrative costs and any premiums paid for insurance of |
|
| |
| | “rent or other payments” means rent or other payments collected |
|
| or recovered, by virtue of this Chapter, from persons occupying |
|
| or having the right to occupy the dwelling. |
|
| (7) | In any provision of this Chapter relating to varying, revoking or |
|
| appealing against decisions relating to a final EDMO, any reference to |
|
| such an order includes (where the context permits) a reference to the |
|
| management scheme contained in it. |
|
|