2012 No. 2625
The Housing (Empty Dwelling Management Orders) (Prescribed Period of Time and Additional Prescribed Requirements) (England) (Amendment) Order 2012
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Order in exercise of the powers conferred by sections 134(5)(b) and (c) and 250 of the Housing Act 20041:
Citation, commencement, interpretation and application1
1
This Order may be cited as the Housing (Empty Dwelling Management Orders) (Prescribed Period of Time and Additional Prescribed Requirements) (England) (Amendment) Order 2012 and shall come into force on 15th November 2012.
2
In this Order “the Act” means the Housing Act 2004.
3
This Order shall apply in relation to England only.
Prescribed period of time2
For the purposes of section 134(2)(a) of the Act, the prescribed period of time is 2 years.
Amendment to the Prescribed Requirements3
Article 4 of the Housing (Empty Dwelling Management Orders)(Prescribed Exceptions and Requirements) (England) Order 20062 is amended as follows—
a
after paragraph (1)(a) insert—
aa
it has—
i
notified the relevant proprietor in writing of its decision to make an application under section 134 of the Act to the residential property tribunal for authorisation of an interim empty dwelling management order no less than 3 months before it makes such an application, or
ii
made all reasonable efforts to comply with subparagraph (aa)(i) before the commencement of that 3 month period
b
at the end of paragraph (1)(b)(iv) delete “and”;
c
at the end of paragraph (1)(b)(v) delete “and” and insert—
vi
all information they have that suggests that the dwelling has been causing a nuisance for the community; and
vii
all information they have that suggests that the community supports the proposed making of the interim empty dwelling management order by the local housing authority; and
Transitional Provision4
The provisions in Articles 2 and 3 shall not have effect in relation to applications submitted to the residential property tribunal prior to the day on which this Order was commenced.
Signed by the authority of the Secretary of State for Communities and Local Government
(This note is not part of the Order)