The Housing (Empty Dwelling Management Orders) (Prescribed Period of Time and Additional Prescribed Requirements) (England) (Amendment) Order 2012

• Citation: S.I. 2012/2625
• Sections: 4

Section 1 Citation, commencement, interpretation and application

(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.

Section 2 Prescribed period of time

For the purposes of section 134(2)(a) of the Act, the prescribed period of time is 2 years.

Section 3 Amendment to the Prescribed Requirements

Article 4 of the Housing (Empty Dwelling Management Orders)(Prescribed Exceptions and Requirements) (England) Order 2006 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

Section 4 Transitional Provision

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.