Doncaster Council

Empty Houses

Many of the complaints received by Private Sector Housing Enforcement are regarding empty and insecure properties. Empty houses are the subject of frequent complaints from residents, Ward Councillors, MPs and Local Authority Officers.

Houses become empty for a variety of reasons. The owner dies and the property becomes subject to probate disputes; tenants leave and absentee landlords cannot be contacted; the owner forgets about it; properties where simply no-one knows who the owner is; properties left empty because the owner refuses to do anything until he/she gets a Council grant, which are no longer available.

The longer a property remains empty, the greater the problem becomes for people living in adjoining properties and in the neighbourhood generally. Squatters may break in, vagrants may use it for sleeping rough, children and young people for glue sniffing, drug taking etc. Sometimes the property may be set on fire with potentially disastrous consequences for those living on either side.  These buildings become a focus for anti social behaviour.  

Course of action available to the council include:-

1. Securing the property against unauthorised access (eg by bricking, steel sheeting or boarding up).  A Notice under the provisions of Section 29 Local Government (Miscellaneous Provisions) Act 1982 is either served on ‘the owner’ if known or addressed to ‘the owner’ and attached to the property.  Works can be carried out in default by the Council and costs recovered from the owner. Notices can also be served in respect of dumped rubbish under Section 4 of the Prevention of Damage Pests Act 1949.
   
2. If the property is unfit (as defined by Section 604 of the 1985 Housing Act), the Local Authority can serve a Repairs Notice on the owner to carry out repairs to make the property fit for occupation.
   
3. Local Registered Social Landlords may have funding available for the rehabilitation of empty properties and are often looking out for this type of problem.  They may approach the owner and arrange for the purchase of the property.
   
4. Where action is taken in 1. above the Council can recover its costs by forcing the sale of the property.
   
5. Ultimately the Council can ‘Compulsorily Purchase’ the property from the owner under the provisions of Part II of the 1985 Housing Act. This may lead to a Public Enquiry, if there is an objection held under the jurisdiction of an inspector from the Government, where reason for the CPO are examined and representations from the owner, tents and others are considered. If the Inspector’s decision is confirmed the Council are then authorised to purchase the property at a price determined by the District Valuer from the owner (subject to arbitration). Once in Council ownership various courses of action are open;-     

Other types of actions available to a Council when dealing with an empty house.

1. The Authority may also make a Closing order on the property if it is unfit prohibiting it from use from human habitation. This may result in the property becoming boarded up and consequently blighting the area and as such is not always the preferred course of action. (Often used for mid terrace and semi-detached properties).
   
2. If the property is detached and unfit a Demolition Order may be served on the owner requiring the property be demolished and the site cleared. This course of action may sometimes be used for semi-detached or end terrace properties. In these cases the owner must weatherproof the exposed wall of the adjoining property by erecting an outer skin of brickwork. The Council may carry out the works and re-charge the owner.
   
3. The Local Authority may declare a Clearance Area including the house or include the building in a Group Repair Scheme.

What the Council is doing about Empty Properties

Doncaster Council has a policy to encourage sustained tenancy and occupation to enhance the local economy of the area and to prevent environmental degradation.

To this end an Empty Property Strategy has been produced.

The objectives of the Empty Property Strategy are:

• To identify the number and distribution of empty properties within the Borough.
• Track empty properties through the Empty Property Database and offer an email contact to identify empty properties quickly.
• To respond quickly to public concern.
• To understand and be pro-active towards the trends related to empty properties.
• To identify and develop best practices to return properties to use and further reduce the problems associated with them.                      

The Council has developed a range of activities that help to reduce the number of empty properties in the Borough. These include:

• Liaising For Sale scheme which assists owners of empty properties to dispose of their property. 
• Legal enforcement.                      

If you have an empty property in your street that is causing concern, email us on the link provided below, telephone us, or use the e-form below and:

• We will visit the property 
• We will contact the owner and ask their intentions for the property
• We will offer advice and assistance to the owner to help bring the property back into use
• All necessary action, legal or otherwise, will be taken to return the property into use.            

The empty property strategy is currently under review.      

If you need to contact us, please use the contact details or fill in the e-form below.   

eform: Report an Empty Property

Contact 01302 737561
email empty.properties@doncaster.gov.uk

• Housing Act 2004
• Department for Communities and Local Government