Property Issues 2014

1. Property Issues 2014 Setting the Scene Dave Stott Associate Empty Homes

2. Foreword Empty homes look very different in different parts of the UK, but a few things are common There is housing need and backlog of supply added to affordability problems Empty Homes are high on the agenda at present. Good results (great results in the lowest recorded figures) have not taken away some of the major issues Grant rewards are really obtainable Opportunity to build and set out action plans on how you can maximise the returns as well as resolving the most blighted properties using your partners and your powers

3. Seminar Foreword • Your Council has a pivotal role in all this • Your Council's position is and should always be strategic. You are not responsible for solving the whole thing single-handed • To develop and instigating relationships with organisations that can do something by leading from the front can be the most important factor of all • Your Council should be engaging lots of delivery partners. Housing associations, developers and professionals who can offer expertise and cost recovery based support • You may have to lead when needed but as an Authority with key partners and joint working principles within the Authority you should develop and use all the powers and duties you have to make the opportunity happen.

4. Empty Homes • Some of the latest initiatives are • Lease and repair • Voluntary acquisition • Framework contracts of partner developers and agencies • Voluntary EDMO contracts • Commercial premises refurbishment to residential • Flats above shops • Key point * these only work with willing owners*

5. Empty Homes • So today we will cover some of the toolkit that you should at least be aware of: • New Home Bonus • Positive action letters • Single CPO • CPO • Enforced sale • Council Tax Enforced Charging Order Sale • Empty Dwelling Management Orders • Community Right to Reclaim Land

6. New Homes Bonus Grants • Started in 2010 but for real in 2011 to 2012 , 2013 and 2014 • Grants are not ring-fenced to future EP works • Starts at zero so cannot go into negative • Authority will decide what % gets invested back in EH • Speculate to accumulate and invest to save principles • No reporting criteria required on back into use only 6month or older • Grant is 6 times the yearly council tax band • You will earn the reward grant but the hard to resolve empty properties will not necessarily be targeted with this alone • Should use the fund and opportunity to instigate your proactive empty homes strategy and procedures

7. Empty Homes • If an enforcement option is required where owners refuse to engage you need to ensure you have in place the right charging policies, establishment charges and good service principles. • You need to have an adequate local land charge register policy and procedures. • If you do not have these critical procedures in place you might as well become the lacklustre property owners managing agents because you will be providing that type of service for free.

8. Positive Action Letters Three stages Raising interventions by increments In line with LGMP 1976 Section 16 request for information Ensures actions are reasonable Complies with Human Rights Act Can resolve on their own/or Leads to further more severe interventions

9. SCPO CPO single property Section 17 HA85 Use of RSL or Developer partners Property either sold when vested or refurbished then sold Initial costs recovered on sale (most cases) Open to Public Enquiry Secretary of State approval

10. Compulsory Purchase Orders The Town and Country Planning Act 1990 : Section 226 single and multiple application The Housing Act 1985 : Section 290 Multiple application The Local Government and Housing Act 1989 : Section 93 Renewal area

11. Enforced Sales • Enforced Sale procedure • 1925 Law of Property • Requires Land Charge • Sells property to resolve issues • All costs are recoverable

12. Council Tax Enforced Sale Used when there is only a debt from Council Tax Charging order route Successfully used Never own the property Preferred owner sale Open Auction Sale Use RSL partner if required

13. EDMO 2004 Housing Act Available since 2006 Must show reason Must be granted Interim from RPT Must have business plan and schedules All Empty Properties Over 2 years empty and not up to let or sale Interim and Final Improve property Occupy property 7years possible 14,21,28 Not widely used

14. Community Right To Reclaim Land Government, Local Government or Corporate State owned property Power to dispose Application to the Secretary of State Can use preferred option on sale Covers Government, NHS and any Public Building

15. Empty Homes All this is available to you to deploy in Your Area They are all only processes They all work They are tailor made for the issues you find All the policies and procedures I have described can help you when you implement and establish the procedures with your partners to make something happen. You can achieve the positive actions and achieve the maximum reward grants by ensuring the actions you take will resolve the empty properties that are a blight in your area. Starting the process on the right platform with the owners is critical. We can assist you achieve your joint working and focused efforts that will bring about the right situations to bring these empty properties back into use in a self funding and costs recovery focused procedures.

16. Empty Homes There is obviously a lot more detail about the various options but I hope I have provided you a brief insight to the many options you have Before I finisha word of warning about a key point The enforcement options should only be used within a balanced approach that always start with the softer options In the main the enforcement actions are normally enforced against owners who completely refuse to accept help, advise or instruction

17. Empty Homes Any questions davidgstott1@gmail.com david.stott@emptyhomes.com