EDMOs Casebook

Wenham Drive, Southend-on-Sea, Essex

Southend-on-Sea Borough Council is one of two unitary authorities in Essex and has
operated an Empty Homes strategy with dedicated staff time for over a decade. The
Private Sector Housing team has operated with the support of the portfolio holder for
Adult Social Care, Health & Housing, Councillor Mark Flewitt, relevant senior
managers and a number of Ward Councillors. Funding was made available over
three years.

On the 4th of April 2008 the Council did not have an Empty Homes enforcement route
that included the use of the Housing Act 2004. On the 23rd of March 2009 the Council
became the first in Essex to obtain an Interim Empty Dwelling Management Order.
Here is how they did it.

A procurement process was initiated for a partner organisation to take over the
management of properties that have been subject to a successful EDMO application.
The tender process began in June with a view to being completed in November with
the Contract starting in January 2009. At the same time a short list was complied of
properties that were long term empty and also a cause of concern to neighbouring
households. Three properties were shortlisted. One of these properties was in
Wenham Drive.

The property in Wenham Drive was well known to the Private Sector Housing Team
as well as their colleagues in Street Scene, Planning and Environmental Health.
Communication with the owner had been problematic, no domestic contact address
was found although his place of work was eventually located. The property was a
mid-terraced house with two bedrooms and a very large tree growing in the small
front garden. The tree was removed under section 215 of the Town and Country
Planning Act 1990 and an attachment of earnings was made to recover the costs.
Inspection of the property showed a large pile of post and free newspapers high
enough to reach down the hall and obscure the second step of the staircase. There
were also concerns that attempted burglaries had resulted in a build-up of rubbish
and damaged personal effects.

The ward councillor, Councillor Painton, had made enforcement action on empty
properties part of her election campaign and once elected made it one of her top
priorities, taking advice and guidance from officers of the LGA who brought her up to
speed with what could be done

The tender process ended on the 22nd of October 2008 and on the 5th of November
letters were sent to the owners of the three properties advising them that the Council
intended to take action unless they made contact with the Council to discuss the
situation, a 24-hour answer phone number was given and the direct email address
for the Empty Homes Officer. The Procurement process ended on the 1st of
December 2008 with South Essex Homes (the Council ALMO) being selected
against strong competition. The Contract commenced on New Year’s Day 2009.

On the 15th of January 2009 a final warning letter marked private and confidential
was sent to the owner of the property at his place of work, whilst another letter was
affixed to the door of the property, addressed to the owner. The letter clearly stated
that the application would be made to the Residential Property Tribunal (RPT) on the
26th of January 2009.
No response was received and, using draft copies of the Empty Homes Agency
EDMO templates, now available and endorsed by Government, a witness statement
was prepared and submitted along with all other relevant information. The
application arrived at the RPT and was dated the 29th of January 2009.

On the 3rd of February the owner emailed the Council and indicated that his intention
was to return the property to a habitable condition. The resulting email exchange
was submitted to the RPT along with another witness statement regarding the
condition of the property.

The decision was reached on the 26th of March 2009 and a signed copy of the notice
was served on the owner on the 27th of March. The property was added to the
Council’s property insurance portfolio and secured on the 1st of April 2009. A survey
was planned for the 3rd of April 2009 with the option of obtaining a warrant of entry
should the owner not consent.

The owner contacted the Council on the 2nd of April and agreed to meet with the
Empty Homes Officer to discuss the situation and ways to bring the property back
into use. The owner agreed to clear the property of personal effects and the rubbish
that had been allowed to build up before the survey took place. The council in turn
agreed to monitor the property and, if needed, take action to assist the owner should
it be required. Both parties agreed to work towards the common goal of bringing the
property back into use and communicating any concerns with the other party as soon
as possible.

Stuart Burrell
Empty Homes Officer