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Voluntary final EDMO

Submitted by Luke Taylor on 21 February, 2012 - 16:52

Hello

I have been scouring the previous posts but couldn't find anything quite answering my question.

The post on compliant owners gave good information on Interim EDMO’s, but my question is, can with the owners agreement a Council whilst within an Interim EDMO serve notice of final EDMO with the owner agreeing not to appeal? The reason for this is that we will manage them ourselves and need to final to be able to offer an AST.

Additionally are the works completed under the final EDMO suitable for registration as a Distinct Land Charge, and do they then take priority?

Thank you

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Voluntary Final EDMO

Submitted by AArmstrong on 22 February, 2012 - 09:50.

The LA makes a final EDMO at the point that the LA decides that the property cannot be brought back into use under an Interim EDMO. There is no need to apply for the Final to the RPT you just notify the property owner and other relevant parties. It is up tot he owner to appeal the final order.

 

With regards to costs, it is my understanding that the Final EDMO is recorded as a land charge because the owner still has ownership and so can sell the property and the costs are recorded as a Local Land Charge. Charges such as Mortgages etc recorded at the Land registry would, I think, take precedent.

 

Alan