Tackling empty homes 2025-2030 - Our approach to dealing with empty properties

Best practice

We continually review our best practice methods used to reduce the number of empty homes in the district. It includes an examination of best practice used by other local authorities with similar housing markets, to reduce the number of empty properties.

Responding to queries and raising empty property awareness

We will work to prevent properties becoming empty over the long term by responding to enquiries about empty properties from the public, undertaking media campaigns, participating in local landlord events and forums, and through promotion of our work on the Council website.

Prioritising empty properties to get the best possible outcomes

To effectively manage resources, we will prioritise which empty homes are to be targeted and the timescale for doing so. A balanced approach will therefore be adopted where some resources are directed towards those homes which can be brought back into use relatively easily, as opposed to those which require more intensive involvement, such as detailed negotiations and/or enforcement action

We will take actions to locate owners and, starting with an informal approach, will work with them cooperatively to bring properties back into use. This will take the form of offering advice and guidance initially. Where this is not successful, we will consider using appropriate enforcement powers against the owner to require the property be brought back into use, see  the table below. We will also target all long-term empty homes over two years for action. Factors that will inform our prioritisation will include things such as length of time the property has been empty, nuisance caused by empty home and the condition of the building and land.

Key actions to be taken to improve the objectives of this approach

Enforcement actions available to help bring empty properties back into use

The Council follows an investigation process to trace owners of empty properties with a view to encouraging them to bring their properties back into use. Measures will be taken to gain an understanding of why individual properties are empty long-term and tracking of what actions are being taken to alter this status. However, in some circumstances it is not always possible to identify or contact owners, or owners are reluctant or unable to bring properties back into use.

Under these circumstances, if there is an imminent risk to health and safety the Council will consider several enforcement options. The options available include, but are not limited to:
• Empty Dwelling Management Order - enables the local authority to take over the management of eligible empty properties, to bring them back into use where a property has been empty for over two years and is causing nuisance in the community
• Enforced Sale – allows the Council to force the sale of a property to recover debts owed to the Council that are registered as a charge on the property
• Compulsory Purchase Orders – enables the Council to purchase and sell an empty property for the purpose of providing housing accommodation or facilities connected to housing accommodation.

A summary of the various enforcement powers that are available to the Council in respect of property conditions, maintenance and addressing long-term empty concerns are described in the list below. The Council will look to take enforcement action where it is considered appropriate and in the public interest.

Enforcement powers

Town & Country Planning Act 1990, Section 215: Where the condition of an empty home is detrimental to the amenity of the area.
Building Act 1984, Sections 77-79: Where an empty home is in such a condition to be dangerous or is seriously detrimental to the
amenity or of the neighbourhood.
Building Act 1984, Section 59: Where the condition of the drainage to a building is prejudicial to health or a nuisance.
Environmental Protection Act 1990, Section 80: Where a statutory nuisance exists, is likely to occur or recur at the property.
Prevention of Damage by Pests Act 1949, Section 4: Applied where the condition of the property is such that it is providing or likely to
provide harbourage to rodents.
Local Government (Miscellaneous Provisions) Act 1982, Section 29: Allows the Council to act if a property is open to unauthorised
access and is a risk to public health.
Housing and Planning Act 2016, Part 7: Allows authorisation to be given for officers to enter land (and property on that land) in
connection with a proposal to acquire a compulsory interest in that land (and property on that land).
Local Government (Miscellaneous Provisions) Act 1976, Section 16; and Town & Country Planning Act 1990, section 330 – A
notice may be served to establish information regarding property ownership or interests in land.
Housing Act 1985 Section 17 and the Acquisition of Land Act 1981: Forms the basis for the compulsory purchase of land/buildings for
the provision of housing accommodation.
Housing Act 2004 Part 4: Grants powers to take over the management of a property using Empty Dwelling Management Orders (EDMO).
Law of Property Act 1925, Part III: The basis for enforced sale where certain debts are owed to the local authority.
The Anti-Social Behaviour, Crime and Policing Act 2014, Part 4: Allows for enforcement of matters considered to be detrimental to the
quality of life to those in the locality.
Public Health Act 1961 Section 34: Deals with the removal of waste from property or land.
Public Health Act 1936 Section 83: Deals with the cleansing of filthy or verminous premises.
Housing Act 2004 Part 1: Housing conditions, improvements and enforcement.

Empty homes - incentives

The Council may be able to offer a range of incentives for owners and landlords of empty properties in the district to help provide housing to residents in the most need, people facing homelessness and those on the housing register in the district.

These incentives will be offered where necessary to owners of empty properties to encourage long-term private rented accommodation (excluding one-beds) for residents in Hart, in return for a 12-month assured shorthold tenancy (AST) at the local housing allowance (LHA) rates and a nomination to the property. This will be determined on a case-by-case basis by the Housing Solutions Manager.

Further incentives may also be granted if the landlord maintains the tenancy for a further 12 months at local housing allowance rate.

Property condition requirements:
1. properties must have been empty for a significant period before applying for an incentive.
2. have an energy performance certificate scored at E or above.
3. have hard-wired smoke alarms and heat detector
4. have a carbon monoxide detector
5. have a gas safety certificate, if appropriate
6. no serious disrepair in property
7. have a satisfactory electrical installation condition report
8. have permission to let the property
9. have building insurance

Please note, we may be able to offer some assistance in the form of a grant to allow minor works to be funded and the required certification to be obtained where it’s demonstrated that the landlord is unable to fund this themselves.