Memorandum by Coventry City Council (EMP
08)
Coventry City Council takes a strong enforcement
role on long-term empty homes using a wide range of legislation
in an attempt to bring properties back into use. However, these
are limited in results, without considerable cost to the council,
where owners are untraceable. The council has agreed in principle
to the use of Compulsory Purchase Powers (CPO's) but in practice
finds this to be overburdunous to use and expensive. Any thing
that would make this a simpler, quicker and cheaper process would
be most welcomed.
We use section 189 of the Housing Act 1985 extensively
with vacant properties as long terms are frequently unfit. We
find that this normally ensures owners re-evaluate their decision
to leave it empty. Our concern is that the proposed HHSRS could
make it more difficult for us to take enforcement action where
the property is vacant as the LA's enforcement action may be affected
by the current occupancy of the property (HHSRS Part 3, Page 29).
The new powers under the Housing Act 2004 for
empty dwelling management orders are also limited. Section 132(2)
enables a LA to make an interim management order only with the
consent of the proprietor, this in Coventry we feel would be rarely
given. Without further guidance, this seems to be at odds with
Section 133 (3) to (5) which states that a LA may seek an order
from the Residential Property Tribunal after informing the proprietor
and despite any appeal to such, implying that consent from the
proprietor is not required.
As you will appreciate there is a lot of housing
legislation currently being consulted on and I therefore apologise
for the brevity of remarks.
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