compensation due to owner under prohibition notice

Hi All,

My first post and I'm new to the role of Empty Homes Officer, so bear with me in case I mess up!

The problem we have regards an owner occupier. She has a number of misuse issues and upon inspection of her property on friday, it was noted that she had a number of Cat 1 hazards as well as no gas, water or electricity.

It was agreed with EH that a closure notice/order would be the best course of action. However, it was argued also that a prohibition notice would be a good course of action but have been told the LA would have to pay compensation to the owner if we issued a prohibition notice(s584 Housing Act 1985). We have already got safeguards in place to rehome the owner when we serve notices, but the stumbling block is the compensation due to the owner. is this the case?

Any help would be greatly appreciated. Thanks

Paul Cowings



In a word, yes. The O/O is likely to be entitled to a Homeloss Payment and a Disturbance Allowance to cover the reasonable costs in moving house. HL is paid as a lump sum and DA is paid based on receipts. The Prohibition Order is under the Housing Act 2004. Be aware that the property will be empty once it has been vacated and the owner remains responsible for the ongoing security of the house. Good luck 


When rehousing the owner/occupier from her home following the service of a prohibition order, the team also worked with the owner to decide the best course of action for the property once it was empty.  Following lengthy discussions our owner agreed that selling the property was her best option and the house was put on the market for sale.  We negotiated with the buyer and the house was brought back into use within 6 months of sale,  preventing another empty from deteriorating further. 

Hope this helps


Nicola J Fox