There are three main legal ways of dealing with empty homes:-

• Empty Dwelling Management Orders
• Forced Sale
• Compulsory Purchase

Empty dwelling management orders

These are orders which a local authority can apply to a Residential Property Tribunal to impose upon the owner of an empty home in order to achieve occupancy of the house. The order gives a local authority management of the house, but not ownership, for a set period for a maximum of of seven years after which another order can be applied for. The local authority then let the house to a tenant and recover their costs through the rental. If there is any excess it goes to the owner.

Practically, this option is only available to homes which are in a good state of repair and ready for occupancy. In Nottingham City's experience the majority of empty homes that we deal with are in a very bad state of repair. The local authority cannot spend vast sums to renovate a dilapidated property which they cannot recoup through rental in the period of the order.

The legislation involved is the Housing Act 2004 s134.

Forced sale of empty homes

Is an option available to local authorities where an empty home has accrued costs to the council for works which have had to be done to the house, which the owner has neglected, and refused to repair or clear up, and has then refused to pay the resultant bill. The council can seek an order to compel sale of the house on the open market to recoup its costs. The owner takes the balance of the sale price. In reality, in most instances the owner will pay the outstanding bill to retain the home but still keep it empty!

Compulsory purchase of empty homes

Compulsory purchase of empty homes is the last resort of the local authority in their efforts to bring the house back into use and stop the anti social "knock on" effects such a house inflicts upon its neighbours. The empty homes officer will have exhausted all efforts to persuade the owner to deal with their house by this stage. A report is submitted to councillors for approval before being sent to the Government Office to confirm the order. The Government Office will communicate with the owner and gauge their response to the council's submission and, if the owner contests the application, offer the owner the opportunity to put their case as to why the house should not be compulsorily purchased. This submission can take the form of a written representation or a public enquiry. In any case the circumstances will be judged by an independent Government appointed inspector.

The legislation for CPOs is the Housing Act 1985 s17.