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When is enforced sale the tool of choice?

Submitted by Kristen Hubert on 14 September, 2011 - 12:48

Hi,

I'm currently beginning some research into how and why enforced sale is used as a tool in England and Wales to bring empty homes back into use with an eye to potentially recommending its adoption as a power in Scotland (we don't have this power at the moment). 

So I would be very keen to hear from members of the network who have used enforced sale about when they have chosen to use it and why they chose enforced sale instead of CPO, for example.  We have CPO powers in Scotland but there is a lot of hesitation from some councils to use them so I'm looking to see in what situations councils have determined that it is better to use enforced sale than CPO.

Any examples of cases or indeed any pointers to any existing research on enforced sale would be greatly appreciated.

Thanks!

Kristen

Empty Homes Coordinator

Scottish Empty Homes Partnership

kristen_miller@shelter.org.uk

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Enforced Sale

Submitted by SLi on 15 September, 2011 - 10:22.

Kristin

 

I look to use enforcement notices which may result in enforced sale as first choice where there is an owner for the property.

 

CPO means we will have to pay the owner's reasonable legal and surveyors fees and there is always the public enquiry of the owner appeals. We have only started proceedings here where the owner could not be located -although the process did raise much publicity and a member of the public came forward with information that lead to the owner being found & a voluntary solution negotiated.

I have found that service of enforcement notices here has mainly resulted in the owner putting the property on the market or carrying out the work & bringing the property into use. There are only a handful where debt is being recovered. Out of choice I would go for enforced sale first or the threat of EDMO has worked in numerous cases but I do not know if that is applicable to Scottish Law

 

Sue

 

Enforced Sale

Submitted by SLi on 15 September, 2011 - 10:22.

Kristin

 

I look to use enforcement notices which may result in enforced sale as first choice where there is an owner for the property.

 

CPO means we will have to pay the owner's reasonable legal and surveyors fees and there is always the public enquiry of the owner appeals. We have only started proceedings here where the owner could not be located -although the process did raise much publicity and a member of the public came forward with information that lead to the owner being found & a voluntary solution negotiated.

I have found that service of enforcement notices here has mainly resulted in the owner putting the property on the market or carrying out the work & bringing the property into use. There are only a handful where debt is being recovered. Out of choice I would go for enforced sale first or the threat of EDMO has worked in numerous cases but I do not know if that is applicable to Scottish Law

 

Sue

 

thanks

Submitted by Kristen Hubert on 15 September, 2011 - 11:45.

Thanks Sue.  EDMOs don't apply up here.  We essentially have CPOs or works notices (like an improvement notice).  So at the same time as trying to convince people that CPOs are not as scary as they seem we are also looking into whether we should be lobbying for enforced sale powers in Scotland.  Your point about having to cover the legal and surveyor fees for CPOs is a useful one in making a distinction between the two options.

Thanks,

Kristen

Kristen Hubert

Empty Homes Coordinator

Shelter Scotland

0344 515 2461

kristen_hubert@shelter.org.uk

enforced sales

Submitted by Luke Taylor on 15 September, 2011 - 13:23.

I think one main area of distinction is that enforced sales are not really a method for getting a property back into use. Although it often will. They are for recouping a debt owed to the council, usually works in default from the ‘works notices’.

As an alternative to CPO, they should in theory be cost neutral as all costs including officer time in most cases are retrievable from the sale. They also take considerably less time to do.

Where as CPO are more scarcely used, and daunting in the amount of time and paper work required, enforced sales are much more straight forward, and often more frequently used. They of cause, for our purposes run the risk of all the work being done to bring the enforced sale forward, then at the last minute the owner paying the debt. In this case the costs of legal fees etc up until that point will need to be covered by the LA.

Therefore it is important when deciding between alternative actions to do a kind of SWOT analysis to determine the best course.

Thanks