195-197 Victoria Street, London, SW1E 5NE

Tel: 020 7828 6288 Fax: 020 7828 7006

E-Mail: Desmond.Kilroy@emptyhomes.com

Minutes of the meeting of the London Empty Property

Officers’ Forum held at:

The Conference Suite

The Association of London Government offices
59 ½ Southwark Street
London SE1 OAL (London Bridge Tube)

On Friday 2nd September 2005

Present
Justine Dornan, Chair (JD), RB Kensington & Chelsea
Nick Caprara (NC) Chair, LB Harrow
David Ireland (DI), Empty Homes Agency
Jane McInerney (JMI), LB Richmond
Steve Bradley (SB), City of Westminster
Alkesh Raja (AR), Acton Housing Association
Dave Carter (DC), LB Enfield
Robin Seymour-Taylor (RST), LB Redbridge
Nick Gracie-Langrick (NGL), LB Wandsworth
Hannah Worsfold (HW), LB Brent
Louise Mc Cabe (LMcC), LB Wandsworth
Carson Millican (CM), LB Hammersmith & Fulham
Diane Edwards (DE), LB Islington
Charlotte Ward (CW), LB Tower Hamlets
Nick Long (NL), LB Lewisham
Nigel Ward (NW), LB Newham
Desmond Kilroy (DK), Empty Homes Agency
Stephen Baker (SB), LB Sutton
Helen Turner (HT), LB Barnet
Yonnette Roberts (YR), LB Havering
Paul Ahmed (PA), LB Waltham Forest
Jonathan Ellis (JE), Empty Homes Agency

1. JD, Chair opened the meeting and welcomed those attending. The meeting
was asked to complete & return a questionnaire issued by the GLA relating to
how each borough calculates the annual HIP (Housing Investment
Programme) returns. The EHA will follow up any others in the near future.

2. London Sub-Regions
The following information about empty property work in the London sub-regions
was given:

South West London - SB, LB Sutton

The last meeting of the empty property forum was at the end of May and the next
meeting 9th September. The overall sub-regional strategy with an empty property
element is currently being updated with a workplan for the next three years. All
boroughs are actively involved. In 2004, the region brought 67,000 properties
back to use. Lambeth, Croydon and Wandsworth already take enforcement
measures. All boroughs are finding it easier to get owners to lease properties.
Sutton and Merton are anticipating that EDMOs may be an easier option.

South East London - NL, LB Lewisham

Printouts from the Empty Homes group pages of the South East London Housing
Partnership website were distributed. www.selondonhousing.org An influx of
interest from investors and developers is anticipated with the introduction of
EDMOs; it is hoped that more partnerships are formed as a result. The group is
supporting the Camden Landlord Accreditation scheme, running stalls etc. LB
Lewisham is about to issue its first CPO.

West London, CM - LB H&F

There have been no recent meetings of the full empty property group. The west
London housing partnership is currently preparing a proposal to the Government
Office of London (GOL) to fund Empty Property projects and partnership working
with RSLs on an acquisition programme of larger family units.

North London, DC - LB Enfield

Recent advertising on London buses coinciding with the London Week of Action
and beyond had been successful. Actual figures of properties reported
unavailable. Most work in the region is being done to ensure targets are being
met. Funding received by the sub-region for empty property work is being re-
allocated amongst 6 of the 7 boroughs. A survey of empty property owners
across the region is (planned for the near future) being done to determine why
properties are empty. A draft CPO proceedure for the sub-region has now been
produced and a corporate CPO training event has been scheduled for 20
September with 7/8 officers from each of the boroughs expected.

East London, RST - LB Redbridge

LB Redbridge has been most active in returning empty space above retail back to
use. LB Newham continues an active CPO programme. Current funding for the
sub-region runs for two years and ends 2006. A further bid will be submitted
under the East London programme.

3. Empty Dwelling Management Orders update (EDMOs) – DI, EHA

DI began by referring to issues raised by members at a previous LEPOF meeting
two years ago, namely: the need for greater enforcement powers; improved
methods for recording empties and greater recognition of the issue. On all three
of these there has since been much movement. Politically the issue has been
transformed. What initially was known as Compulsory Leasing 2 years ago has
been accepted by Government and included in the Housing Act as EDMOs.The
ODPM is currently conducting internal review meetings looking at how it works on
various issues, the first of these looked at ensuring greater efficiency in the usage
of existing housing stock, to which EHA had been invited. The BBC have
completed production of an 8 part tv series which will be shown on BBC 2 starting
sometime during the next 6 weeks. The series looks at 8 households looking to
develop empty homes and there will be likely spin-offs from the tv programme. DI
is the author of the book accompanying the series, How to rescue a Home.
The ODPM opened consultation on EDMOs on August 15 which runs until 14
October. The EDMO legislation can be brought in any time until 31st December.
Beginning 2006 the government have set two dates per year, April/Nov, to initiate
commencement orders. If not before the end of the year the likely date will be
April. Three obvious questions relating to the consultation are: 1. Should the
 length of time a property needs to be empty be longer than 6 months? 2. What
additional exemptions should be included in the Act? In the past the tabloid press
have included alarmist headlines along the lines of ‘Don’t go on holiday or the
Council will snatch your property’. 3. Various issues around leasehold
responsibility.
In terms of resources the issue has also changed. The GOL plan to make £30m
available for bids for schemes to return empty homes to use during 2006-08.
This budget will be split in two - £15m is available for sub-regional bids and the
rest will be available for RSLs to bid for private sector stock. That the funding
is primarily set up to fund leasing schemes may be one reservation.
GOL has stated that there is flexibility, that the funding is available to
fund existing schemes such as the South West London and East
London schemes and new initiatives that the sub-regions might
consider. This is clearly a window of opportunity within a limited time-
frame.
There is a greater need to publicise investment into empty property so
the public know how to access it. This is one of the points of the Empro
website. Also the EHA is looking at the issue of auctions and has
arranged to run an empty property auction with Allsops on the 31st
October. If any local authorities are dealing with properties they wish
to get onto the market may they email DI owner contact details and
Allsops will do the rest.
RST, LB Redbridge asked whether a flyer to raise awareness of the
auction was available. DI responded that Allsops are publicizing this on
their website as is the EHA. NGL, LB Wandsworth pointed out that
Wandsworth are cautious about
Management orders and are currently looking at a variety of
management options - in-house, by an RSL partner or a private agent.
Also, rent levels will be below market value. In response to this point
DI stated that the legislation requires Local Authorities to demonstrate
they are able to let the property. Otherwise a tribunal would not
approve the EDMO.
NL, LB Lewisham raised three further points relevant to the
consultation.The seven year rule could potentially limit the period of
rental income to as little as 60 months which may deter an RSL from
becoming involved. Also, an owner could in theory exercise their right
to challenge an order and threaten to sell their property at the very
end of the period during which an order can be challenged when any
scheme is virtually in place. There is also the issue of funds needed to
turn properties around which would have to be minimal.
DI responded to these points by clarifying that 7 years was the chosen
time frame. In terms of challenging an order by threatening to sell an
owner will have the right to do so at the Residential Property Tribunal
(RPT) discretion. But will be liable for reimbursing the local authorities
costs. EDMOs will be Human Rights Act compliant. Rather than have
the right to sell owners can take the case back to the tribunal. It is
likely that properties will have a lot of debt associated with them so
most owners would be deterred from selling.
Local authorities will have a right to access a property to assess its
suitability for an EDMO.

4. Enforced Sale Proceedure – NGL, LB Wandsworth (This presentation

included a handout, attached with these minutes)
The term Enforced Sales suggests the procedure may be something that it is not!
LB Wandsworth have an ongoing rolling programme of ESs dealing with up to 50
wasted properties at one time. The decision to enforce a sale is based on priority
assessment - considering location, risk and environmental impact – involving officers
across different departments. If the Council has incurred a debt with a property then
it is a means to recoup the debt. It is arguably a cheaper option than a CPO. The
costs of Officers’ time can be recouped. There are no payments involved. There is
never a problem selling on a property at market value. The debt can be incurred
through using other legislation, essentially Building control, Planning and
Environmental Health. It is also vital to have the support of the local Councillor.
SB, City of Westminster - Westminster’s legal department have advised the empty
property team that a debt in the region of £5-10,000 incurred on a property worth
£1m would not be considered by the courts (to justify an ES). There are two options
to sell via the County Court or via Enforced Sale.
DI – Manchester City Council have done ES when the debt incurred has been as
little as £100. In most cases people are not losing their home, the properties are
empty.

5. Empty Homes Agency Campaign update – JE, EHA

JE gave an overview of EHA campaigns highlighting the recent success with EDMOs
and other current developments during what is a busy time for the Agency.
The EHA has been asked by the IDeA to devise an empty property training
programme for local authorities (mostly focused on EDMOs). The GOL has made
more money available to London Local Authorities and RSLs for empty property
work. The EHA has successfully lobbied the GLA Green group to include a
commitment to empty property work on their agenda and make it a condition of their
approval of the GLAs 2006 budget. The ODPM has recently commissioned the EHA
to produce guidance on tackling public sector empty properties. JE asked the
meeting to supply EHA with any relevant case studies. There is also the BBC series
which commences in the next month or so and which DI has been very much
involved with.
Earlier in the year the EHA produced a manifesto which got a lot of interest in
parliament. David Milliband MP has now asked for a paper to be written on the issue
of empty property. The Barker Review of Housing Supply 2004 also added a lot of
weight to our campaign. As part of this years National Week of Action the EHA is
organizing a conference offering guidance to campaigners.
The EHA website is current undergoing an overhaul in anticipation of a dramatic
increase in users.
JE also highlighted an example of a different solution to tackling empties using
Shortlife properties. In the past LB Lambeth have made available some Shortlife
properties to different groups. With the introduction of the Private Finance Initiative
(PFI) these were reclaimed by the council for further development. The Latin
American Housing Co-op was one of those affected but has now been recognized by
Lambeth as an RSL partner.
SB, City of Westminster – asked whether the EHA are looking at the issue of
Empty Commercial Property and the potential of conversion. JE replied that this
issue is included in the EHA Manifesto and is also on the ODPM agenda.
NW, LB Newham – made the point that empty commercials are often locked in
commercial zones with no potential for conversion to residential. JD, RBK –
enquired about the issue of changes to pension plans as of next April (allowing
people to invest in property to fund retirement) and whether this is seen as a good or
bad thing. JE replied that it is thought this is a good thing in principle if it brings more
homes back into use. There are slight reservations about whether it will create more
2nd homes.

The meeting subsequently closed. A date was not fixed for the next meeting. (this is
determined by room availability).