Empty Furnished 6-bed property empty over 12 years in disrepair - solutions?
I have a 6-bed empty property, furnished and paying 90% council tax, which has been empty over 12 years and now in disrepair with hugely overgrown garden. Owner replied in Nov 08 that property was to be renovated to sell/rent. No replies to any of my correspondence since then, despite passing on expressions of interest from people wanting to buy.
An EDMO is probably not appropriate as the property will cost a lot to renovate and income would be less. Council also not keen to use a CPO on large properties.
Any suggestions you might have to move this forward and help reoccupy the home would be greatly appreciated.
Lynne Gilbertson, Empty Homes Officer at South Lakeland Dist. Council
Take a look at Graham
Take a look at Graham Everett's thread in relation to IN prior to EDMO action. The HHSRS ENforcement guidance specifically mentions the use of IN to bring empty property back to use prior to EDMO action.
If the owner refuses the IN then you can do works in default, put a charge on the property then go for enforced sale - if he does do the works then the EDMO would be financially viable.
Sec 215 Town & County Planning would suffice for the overgrown garden. Normally dealt with by our planning colleagues but we recently asked members to delegate power to Env Health and we can now use it. Ideal for empty property stuff and an outstanding 215 and or IN means the the owner cannot claim extra compensation if you did decide to CPO it. You can also consider putting a charge on the property should the owner not comply with either IN or 215 notices - then you have a route to enforced sale!!!
Easy - er NO - but at least you can set out a framework for gettting it back into use and once you start serving legal notices the owner may well start taking you seriously and decide to sell - still a result then?
Good luck - if you want a copy of the members committee report asking for delegated power to serve Sec 215 let me know at dehricl@rbkc.gov.uk
Richard Clark
Empty Property Initiatives Officer
Royal Borough of Kensington & Chelsea
Lynne Gilbertson's query
Why is the council "not keen to use a CPO"? Could it be that they percieve that they will need to find the money for purchase? If so please disabuse them of this notion. You need NO money up front (other than your wages and two or three grand should the owner opt for a public enquiry) First serve a 215 or HHSRS notice on the owner as mentioned by Richard to negate the Basic Loss payment (7.5%, so it's worth doing). When/if you win the CPO you then register the house in your council's name, then go through the vesting process. You then immediately market the house to achieve "market value". The money you receive from a buyer is then passed to the previous owner (less whatever it owes you). Include a caveat in the buyer's contract to refurb and reoccupy within a set period. Personally, I wouldn't pussy foot with this owner. He's had his chances. Let him eat cake. CPO - The way to go.....Simplezzz
12 Years Empty
Having recently completed a CPO, in similar circumstances, as well as the above comments a good point to remember is the 10 year VAT incentive. This may assist the current owner and or any prospective purchaser.