The number of empty homes increased nationally in 2023. What impact do vacant properties have, and what can local authorities do to tackle the issues that they present?
Figures released by the House of Commons Library towards the end of 2023 revealed that the number of long-term empty homes has increased to 261,189 (an increase of 5% in just one year).
The amount of long-term vacant homes (which are homes that have been empty for six months or more) increased in every region, with the South West being impacted the most, with a rise in vacant homes of 9%.
The number of properties classed as second homes, those charged the empty homes premium, and those qualifying for unoccupied exemptions also increased nationally.
There are over a million empty homes nationally, equivalent to the total number of dwellings in the city of Manchester.
The impact of empty homes
Unoccupied homes can have a drastic negative impact on the value of adjoining and surrounding properties and can lead to the attraction of unwanted behaviour.
Empty homes can also make it difficult for locals to get on the property ladder, which may have a knock-on effect on employment and the local economy.
Given the increasing demand for housing and the financial impact on local authorities, it is important to get empty properties into use. Taylor Emmet’s Empty Homes department works with many local authorities across England and Wales to bring empty properties back into use to tackle the issue of empty homes.
What can councils to do tackle the issue?
Local authorities have various options for different circumstances to put empty properties back into use.
Councils can increase council tax bills by a further 50% to 300% (depending how long they have been left empty) to deter people vacating properties, and some local authorities offer loans or other incentives for landlords to renovate empty properties and bring them into use.
One way to deal with empty homes is through the use of Empty Dwelling Management Orders (“EDMOs”), which allow local authorities to take control of, and manage, residential properties. An EDMO can be made where:
- Attempts to contact and trace the owner to bring the property back into use have failed;
- The dwelling has been unoccupied for at least two years (or 6 months in Wales);
- There is no prospect of the dwelling becoming occupied in the near future;
- There is a reasonable prospect that the dwelling will become occupied if an EDMO is made; and
- The local authority has complied with its duties in seeking an EDMO.
Furthermore, Compulsory Purchase Orders (“CPOs”) can be used where the local authority has a statutory right to buy a property. As with EDMOs, certain criteria must be met by the council in order to exercise the right of a CPO. The local authority must also be able to justify the CPO to the Secretary of State, taking into account factors such as public interest and purpose.
Where a property is empty and the owner has died, we are able to identify who is entitled to act in the administration of the estate to get the deceased’s property back into use. We can carry out a comprehensive search for a Will, locate any named executors and apply for a Grant of Probate. If a Will is not located, we have connections who can locate the deceased’s next of kin and identify those entitled to obtain a Grant of Letters of Administration to deal with the property.
In some cases, those entitled to deal with the estate may be aware of the circumstances but feel unable to act for various reasons. For example, they may have a limited knowledge of the deceased’s affairs, or the task seeming too upsetting or daunting, particularly where inheritance tax may be payable in the case of a larger estate. In these circumstances we can take on the responsibility on their behalf and seek to locate the assets of the estate to gain a full understanding of the deceased’s affairs and prepare the application for the Grant, which is required to deal with a deceased’s property.
How we can help
By combining the knowledge and skills of specialist lawyers across different areas of law, Taylor Emmet’s dedicated Empty Homes department is uniquely positioned to offer a ‘one-stop shop’ to deal with empty properties and find solutions to bring them back into use.
Our services include:
- Investigating the title of the property and helping to trace the owner.
- Advising on any enforcement action relating to empty properties such as EDMOs and CPOs.
- If the owner is deceased, tracing their will or any next of kin and assisting with the administration of their estate.
- If the owner is missing, applying to appoint a guardian, or applying for a declaration of presumed death to enable the property to be put back into use.
- If the owner lacks capacity, we can apply to the Court of Protection to bring the property back into use.
- Assisting in cases involving unregistered properties with little or no documentation to confirm proof of ownership.
- Arranging the clearance, insurance, and maintenance of empty properties.
- Advising on landlord and tenant related disputes.
For more information about our Empty Homes Team and how we can help, please contact us.