Carl Price MSc, BSc, MCIEH Director Price Marriner

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(No Transcript)
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Carl PriceMSc, BSc, MCIEH Director Price
Marriner Associates Ltd

• Management Orders (and EDMOs) Part 4
  additional control provisions

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Content

• For Management Orders
• When to make the various Orders
• Some things to consider/of interest
• and EDMOs
• Further information and help

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Management OrdersWhat are they?
Special Interim Management Orders
Interim Management Orders
COUNCIL TAKES OVER MANAGEMENT CONTROL OF A
PROPERTY
Final Management Orders
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The Health and Safety Condition The health and
safety condition is satisfied where it is
necessary to
Protect the health
Protect the safety
Protect the welfare

OR
OR
Persons having an interest in any premises in the
vicinity
Persons occupying the house
OR
OR
of
Persons having an estate in any premises in the
vicinity
Persons occupying any premises in the vicinity
OR
OR
BUT NOT CAT 1 HAZARDS which will be sorted via
mandatory duty
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Management OrdersWhat are they?
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Duty in respect of a licensable property that is
not licensed
Is the house a licensable HMO or a Part 3 house
required to be licensed under Part 3 of the Act
but isnt licensed?
Diagram A1
Yes
No
Does the Council consider that either 1) there
are no prospects of it being licensed in the near
future or 2) the health and safety condition is
satisfied? (Diagram A5 describes the health and
safety condition)
No Duty to make the IMO but see Diagram A3 and A4
Yes
No
The Council has a DUTY to make the IMO
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Duty in respect of a licensable HMO or part 3
house where the license is subject to revocation
The Property is a licensed property where the
Council has instigated proceedings to revoke the
licence but the revocation has yet to come into
force
Does the Council consider that either 1) on
revocation coming into force that there is no
reasonable prospect of the house being so
licensed in the near future OR 2) the health and
safety condition is satisfied?
Yes
No
The Council has a duty to make the IMO
No duty
Diagram A2
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POWER to make an Interim Management Order in
respect of a non licensable HMO
The property is a non licensable HMO
Is the Health and Safety condition satisfied?
Yes
No
The Council MAY make an IMO but must make an
application to the RPTS for authorisation
See Special Interim Management Orders
Diagram A3
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Power to make a Special Interim Management Order
Is the property occupied by single tenancy (or
licence holder) or multiple tenancies (or licence
holders) and those tenancies or licenses are not
exempted (eg RSLs, LHAs, Police, Fire Rescue,
Health Service)
Yes
No
Is the area in which the house situated
experiencing a significant and persistent problem
of ASB that is attributable wholly or in part to
an occupier of the house? AND The landlord is a
private sector landlord (not RSL)? AND The
landlord is failing to tackle the problem that
would be appropriate for him to tackle? AND The
making of the IMO c/w other measures will reduce
or eliminate the problem
Cannot use the power
No
Yes
Continued
Diagram A4
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Power to make a Special Interim Management Order
contd
From previous
Is the making of the Order necessary to protect
the health, safety or welfare of persons
occupying, visiting or otherwise engaged in
lawful activities in the vicinity of the house?
Yes
No
Can use the Power but must apply to the RPT for
authorisation they will need to be satisfied
that the Special circumstances exist, not an
exempt tenancy/licence the health and safety
condition is satisfied
Cannot use the Power
Diagram A4 continued
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When To make FINAL Management Orders

• Statutory duty to follow an Interim MO or Final
  MO with a Final Management Order where the
  property is still not licensed and the Council
  considers that it is not licensable/no prospect
• Power to make a Final MO in respect of non
  licensable property to protect on the long term
  basis the health safety or welfare of persons
  occupying the house, or persons occupying or
  having an estate in any premises in the vicinity
  (this is long term if HS condition prevails
  after an IMO expired duty not complied with!)

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Things to consider/of interest

• Interim/Special interim Orders last twelve months
  only cannot be followed with another interim MO
• Final Orders last 5 years but can be followed
  with another FMO
• Consultation processes for varying and revoking
• Interim/special interim Orders commence
  immediately (except where revocation process
  applies)
• Final Orders subject to 28 day period for appeal
  then apply

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Things to consider/of interest

• Accounts
• Insurance
• Surplus rent (less relevant expenditure ie
  costs in undertaking duties NO permission
  required different for EDMOs)
• Interim approval from landlord before letting
  Final do not need permission but restrictions
  apply
• Consider request by 3rd party for compensation

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Things to consider/of interest

• Final MOs MUST have Management Schemes
  Interims do not but duty to secure appropriate
  management
• Final MOs subject to periodic review
• RPT and Lands Tribunal

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Things to consider/of interest

• RPTS authorise Interim and Special Interim
  Management Orders where the Council use Powers
  (do not need RPT authority where there is a duty
  to make an Interim Order)
• DO not need RPT authority for a Final Management
  Order

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EDMOs
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What are EDMOs?

• Same as Management Orders but only apply to
  empty dwellings!

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Interesting facts

• Must be a dwelling and ALL of it must have been
  empty for at least six months
• Must not be exempted as a result of its ownership
  ie LHA, RSL, Police etc.
• Must not be exempt
• RPTS MUST approve Interim EDMO

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Interesting facts

• Procedural requirements must be complied with
• Balance rights of the individual with the
  interests of the wider community
• Interim EDMOs last up to 12 months and cannot be
  followed with another
• Final EDMOs last for up to 7 years
• Considered draconian vs other efforts

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Further information/help
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Further information/help

• Price Marriner
• LACORS
• Manuals (30 each or both for 50 - prices Vat)
• Intricacies of the law procedures and manuals
  that are useful reference for all
• Whats in them
• When to make them
• How to make them
• Things to think about
• Effects of the various Orders
• Revocations, variations and appeals
• Examples

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Training

• Introduces and uses the manuals hypothetically
• Understanding and appreciating the law and
  processes rather than remembering it verbatim
• Places available
• Manuals free for delegates

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Contact details for Price Marriner Associates
Ltd

• Tel/fax [phone]
• Email carl.price_at_pricemarriner.co.uk