#93 Empty dwelling management orders: the new six-month rule explained

Alessio Scannicchio

23 hours ago

6 min read

Updated: 42 minutes ago

Status checked against legislation.gov.uk and GOV.UK as of 26 October 2026. This guide covers England. It is general information, not legal advice.

If you own a property in England that is sitting empty, the timeline for council action is about to get much shorter. From 5 November 2026, a council can apply for an empty dwelling management order (EDMO) once a home has been wholly unoccupied for six months. Until then, the minimum is two years.

This guide explains what an EDMO is, exactly what is changing, which properties are excepted, and what rights owners keep.

What is an empty dwelling management order?

An empty dwelling management order lets a local housing authority take over the management of a privately owned home that has been left empty, so it can be lived in again. The power comes from Part 4, Chapter 2 of the Housing Act 2004.

The key point for owners: the council does not become the owner. Under the Act, the council gets the right to possession and can do what the owner could do to manage and let the property, but it does not acquire any estate or interest in it and cannot sell, lease, charge or otherwise dispose of it. MHCLG says EDMOs allow councils to manage long-term empty homes and return them to occupation for up to seven years while ownership stays with the owner.

The law applies to the "relevant proprietor". That is usually the freeholder, or the leaseholder if the home is let on a lease with seven years or more left to run.

What is changing on 5 November 2026?

The change is made by the Housing (Empty Dwelling Management Orders) (Prescribed Period of Time and Prescribed Requirements) (England) (Amendment) Order 2026, SI 2026/1085. It was made and laid before Parliament on 14 October 2026 and comes into force on 5 November 2026. It applies in England only.

It does two things:

Six months instead of two years. The Housing Act 2004 has always said a home must be wholly unoccupied for at least six months, "or such longer period as may be prescribed". In 2012 the government used that power to set two years. The 2026 Order removes the two-year rule, so the six-month minimum in the Act applies again.
Less evidence for councils. Councils will no longer have to give the tribunal information about whether the property is causing a nuisance or whether the community supports the order.

There is a transitional rule. Applications already submitted to the tribunal before 5 November 2026 stay under the old rules.

The government's explanatory memorandum says there are around 303,000 homes in England that have been empty for six months or more, and that it wants EDMOs to be easier for councils to obtain and run.

How the process works: interim and final EDMOs

An EDMO is a two-stage process.

1. Before applying. The council must make reasonable efforts to tell the owner it is considering an interim EDMO and to find out what the owner is doing to get the home occupied. It must notify the owner in writing at least three months before applying to the tribunal, or make all reasonable efforts to do so. It must also take into account the owner's rights and the interests of the wider community.

2. Interim EDMO. The council applies to the First-tier Tribunal (Property Chamber) for authorisation. The tribunal must be satisfied that:

the home has been wholly unoccupied for at least six months (meaning no part is occupied, lawfully or unlawfully)
there is no reasonable prospect of it being occupied in the near future
an order gives a reasonable prospect that it will be occupied
the council has followed the required steps

An interim EDMO lasts up to 12 months. During this stage, the council can only grant a tenancy or licence with the owner's written consent.

3. Final EDMO. If the home is likely to stay empty without one, the council can replace the interim order with a final EDMO. This lasts up to seven years and must include a management scheme setting out planned works, expected costs, the rent the council will seek and how any surplus is handled. The council can let the property within limits set by the Act without the owner's consent.

Which properties are excepted?

The tribunal cannot authorise an interim EDMO if the property falls within a prescribed exception. In England these include homes that are:

the owner's main home while they are temporarily living elsewhere, receiving care, providing care to someone else, or away serving in the armed forces
a holiday home, or used by the owner or their guests from time to time
genuinely on the market for sale or letting
part of an agricultural holding or farm business tenancy
usually occupied by an employee, or available to a minister of religion
subject to a court freezing order, or kept empty by a criminal investigation or proceedings
in the possession of a mortgage lender
owned by someone who has died, where six months have not passed since probate or letters of administration were granted

The probate exception is unchanged. The explanatory memorandum confirms an inherited home stays excepted until six months after the grant, even if it has already been empty for longer than that.

Repairs and planning are treated differently. They are not a full exception, but if the owner is doing works or waiting on a planning decision, the council must explain to the tribunal why an EDMO is still needed.

Your rights as an owner

Rent and costs. The council can use rent it collects to cover its reasonable spending and any compensation owed. Under an interim EDMO, it must pay what is left to the owner. Under a final EDMO, the management scheme sets out how any balance is paid.
Appeals. You can appeal to the tribunal against a decision to make a final EDMO or its terms, usually within 28 days. You can also appeal against a decision to vary or revoke an order, or a refusal to do so.
Ending the order. A council can revoke an interim EDMO if, for example, the home will be occupied anyway or is to be sold.
Third parties. Others with an interest in the property, such as a lender, can seek compensation for interference with their rights.

One practical point from the explanatory memorandum: since section 21 was abolished, an owner who wants possession from a tenant at the end of an EDMO will need a section 8 ground. Our Renters' Rights Act guide for landlords covers the new possession rules.

EDMOs are separate from council tax. The memorandum lists additional council tax on homes left empty and unfurnished for a year or more as a different tool councils can use.

What owners of empty homes can do now

Keep a dated record of why the property is empty and what you are doing about it.
Answer council letters. The process starts with the council contacting you. Telling them your plans early matters.
If you are selling or letting, make it genuine. Keep agent instructions and listing evidence.
If you have inherited a home, note the grant date. The six-month probate window runs from the grant, not from the date of death.
Get the facts on the property together. If you are deciding whether to sell, let or refurbish, start with the basics. ScanSan PAA gives you an instant property lookup by address, postcode or UPRN, showing tenure, sale history, EPC and planning history, plus comparables-backed estimates of value (not formal valuations).

Your first 30 days are free at paa.scansanproperties.com

Decision support. Coverage varies. Not planning advice.

FAQ

Can the council take over my empty house after six months? From 5 November 2026, a council in England can apply to the First-tier Tribunal for an interim EDMO once a home has been wholly unoccupied for six months. The tribunal must agree, and exceptions apply. Before that date the minimum is two years.

Does an EDMO mean the council owns my property? No. The council takes over management and possession, but ownership stays with you. It cannot sell or mortgage the property.

How long does an EDMO last? An interim EDMO lasts up to 12 months. A final EDMO lasts up to seven years.

I have inherited an empty house. Is it at risk? A home is excepted until six months after probate or letters of administration have been granted. After that, the normal rules and other exceptions apply.

Is my holiday home or a property I am selling exempt? Holiday homes, and homes genuinely on the market for sale or letting, are prescribed exceptions in England.

Do I get the rent? The council can deduct its reasonable costs and any compensation owed. Under an interim EDMO it must pay the balance to you. Under a final EDMO, the management scheme sets out how any balance is paid.

Sources

All accessed 26 October 2026.