Housing Act 2004 - Empty Dwellings Management Orders Free Essay Example, 1000 words

The ramifications and implications of an EDMO are significant for the LHA, the property owner and the homeless population who can occupy the homes with governmental intervention. The implications of an EDMO for the LHA are such that: After an EDMO has been issued, the LHA may enter the residence in order to survey the condition and assess whether it can be made habitable within a reasonable amount of time and in a fiscally responsible manner. The LHA may take possession of any property within the home unless the owner has explicitly stated that he/her wants the property. The LHA may freely make renovations to the property providing the future income justifies the level of repairs. The LHA is likely to undertake massive renovation when a final EDMO is issued as it has seven years to affect the repairs and recoup the losses over the course of seven years. The LHA may utilize any revenues generated from the rental of a property in order to recoup its expenditures (Gravesham Borough Cou ncil, 2005). The implications for the property owners are such that: When an EDMO is in force, the LHA is given much of the rights and responsibilities of the owner. We will write a custom essay sample on Housing Act 2004 - Empty Dwellings Management Orders or any topic specifically for you Only $17.96 $11.86/pageorder now These rights and responsibilities entitle the LHA to manage the residence, make the necessary changes to the residence without consulting the owner and to choose the future occupants of the residence. It does not give property ownership to the LHA. Essentially the ownership rights are maintained by the property owner. The owner is not entitled to receive rent or any other payment from individuals occupying the residence while an EDMO is in force. The owner retains the right to dispose of his/her interest in the residence. Any mortgage or lease arrangements with regards to the property remain in effect while the EDMO is in effect. Essentially, if there is a mortgage on the residence, the owner is obligated to maintain the terms. The property owner may apply to the Tribunal for a monetary compensatory order against the LHA on the basis that the LHA interfered with his/her rights as the lawful owner of the property subject to an EDMO. When a final EDMO is made, the LHA may apply to the Tribunal for termination of the property rights of the owner. If the application is granted, the LHA becomes the legal owner of the property (Bastingstoe & Deane Borough Council, 2005). The implications of an EDMO are significant for property owners, the LHA, communities at large, the homeless population in search of housing as well as individual developers.