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Housing Act 2004

Changes over time for: Section 137

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137Local housing authority’s duties once final EDMO in forceE+W
This section has no associated Explanatory Notes

(1)A local housing authority who have made a final EDMO in respect of a dwelling must comply with the following provisions once the order has come into force (see paragraph 9 of Schedule 7).

(2)The authority must take such steps as they consider appropriate for the purpose of securing that the dwelling is occupied.

(3)The authority must also take such other steps as they consider appropriate with a view to the proper management of the dwelling in accordance with the management scheme contained in the order (see paragraph 13 of Schedule 7).

(4)The authority must from time to time review—

(a)the operation of the order and in particular the management scheme contained in it,

(b)whether, if the dwelling is unoccupied, there are any steps which they could appropriately take under the order for the purpose of securing that the dwelling becomes occupied, and

(c)whether keeping the order in force in relation to the dwelling (with or without making any variations under paragraph 15 of Schedule 7) is necessary to secure that the dwelling becomes or remains occupied.

(5)If on a review the authority consider that any variations should be made under paragraph 15 of Schedule 7, they must proceed to make those variations.

(6)If the dwelling is unoccupied and on a review the authority conclude that either—

(a)there are no steps which they could appropriately take as mentioned in subsection (4)(b), or

(b)keeping the order in force is not necessary as mentioned in subsection (4)(c),

they must proceed to revoke the order.

(7)For the avoidance of doubt, the authority’s duty under subsection (3) includes taking such steps as are necessary to ensure that, while the order is in force, reasonable provision is made for insurance of the dwelling against destruction or damage by fire or other causes.

Commencement Information

I1S. 137 wholly in force at 16.6.2006; s. 137 not in force at Royal Assent see s. 270(4)(5); s. 137 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); s. 137 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)

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