Section 132 — Housing Act 2004: Empty dwelling management orders: introductory

Empty dwelling management orders: introductory 132 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 granted under paragraph 2(3)(c) or 10(3)(c) of Schedule 7);

and 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 are considering making an interim EDMO, a reference to the unexpired term of the lease at the time the authority begin taking steps under section 133(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 are considering making or have 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 7 (which makes further provision regarding EDMOs) has effect.