Homes of the deceased could be taken over by the State

#1
http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=391078&in_page_id=1770&ico=Homepage&icl=TabModule&icc=NEWS&ct=5

Bereaved families could have the homes of dead relatives seized under new laws that allow the state to commandeer empty properties.

Local councils will be able to take control of inherited homes if they are left vacant for more than six months.

After that time the beneficiaries of a will risk seeing the house that has been left to them taken over and rented out as social housing.

...

...those who leave a house or flat empty for six months risk losing control of it to the local council, which will have power to break in, alter or refurbish it, and let it out to tenants of the authority’s choice.

...

Exceptions cover second and holiday homes and homes of those working 'temporarily' away (could be interesting if you're on Ops and they decide that you're not exempt though, couldn't it?). In the case of inherited property, exemption applies for six months after grant of probate. An EDMO can last for seven years, but owners can apply to get their house back earlier. No home can be seized if its owner can show it is 'genuinely' on the market.
Err, aren't property rights a cornerstone of the British legal system? Is the salami slicer most definitely in full swing? Would someone care to remind me whether we are living in a pluralistic Parliamentary democracy or a left-wing/Fascist totalitarian state? I'm not sure I can tell the difference anymore...

Cue calls of " it's only Daily Mail scaremongering" in 3...2....1....
 
#2
No, not scaremongering for once, though the chance of them trying to nick your house because you are on an Op Tour is nil (unless you join the Judean People's Liberation Front's Suicide Squad, in which case they can safely assume you are not intent on returning!).

This law is dangerous because it places a huge amount of power in the hands of the local authority. As many people have found out, these people can be little hitlers and shites! So they steal your house (you can get it back btw) and you appeal against their decision. It goes to a tribunal but who chooses the people on the tribunal? More interested parties and cronies a la Quangos.

The problem is that there is over 1/4million empty homes in the UK, and many in regions with a desperate housing shortage. A large number of these properties are empty because the owner is a speculative investor who has no interest in renting it out (with the hassle and expense and extra taxes that this can bring). They are interested purely in the capital increase in value. Such property can lie rotting for decades, having a detrimental effect on the property value of the area and if there are enough of them, has been proven to lead to an increase in crime (the 'broken window' theory).

Once again Liarbour have enacted a very badly written piece of legislation. Something needed to be done, but this was not it!

As I mentioned above; this law does not enable the local council to steal your house and sell it. It gives them the right to enter it, repair it and have it occupied. The costs for repair and maintenance are met from the rental income and cannot be reclaimed from the owner. Should the owner want the property back, he must prove that he intends to have the building occupied. He can then get the property back almost instantly if he pays the council any amount outstanding from the renovations/repairs.

Holiday homes and second homes are exempt (for now!).
 
#3
stoatman said:
http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=391078&in_page_id=1770&ico=Homepage&icl=TabModule&icc=NEWS&ct=5

In the case of inherited property, exemption applies for six months after grant of probate. An EDMO can last for seven years, but owners can apply to get their house back earlier. No home can be seized if its owner can show it is 'genuinely' on the market.
I met this one when my father died four years ago. I got exemption from council tax, but only for 6 months from the date of grant of probate. That was enough time to let me clean the place out, and put it on the market, and complete the sale. If a house is going to stand empty an executor ought to rent it out and start getting an income anyway if they do not want to sell it straight away. I can't really see a local council seizing a house belonging to someone who has died for a different reason though. Before a house could be rented out it would have to be brought up to the required standard - eg gas fires tested and certified safe. In the case of my dads house it would have cost me thousands.
 
#4
After my Grandmother passed away there was some legal talk that the local health authority may posess the house as she had been in their "care" for some time. As it turned out, not quite long enough to justify their doing so.

Had it come to pass however I fully intended to plough about 40 gallons of diesel into the garden and torch the house. They could have what was left.
 
#5
What if the decreased died without a will? Sorting out the estate of the dead with no clear idea of what the recently debucketed wanted is a nightmare as it is. To force a 6 month time frame of the disposel of property is just going to make things worse. The chances of even more whinging in court cos Aunt Betty didn't get the silver servcie set and the garden gnomes is just going to shoot up.....Or wait...Has the wicked witch of the west seen a chance to butter the bread of lawyers up and down the country..?
 
#6
The homes are needed to house the hundreds of thousands of people flocking to our country. The councils have a legal obligation to house them. Anyone who objects to their relatives homes being commandeered for immigrants will of course be labelled "Racist"
 

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#7
Well blow me down with a bottom burp! I'm racist! If my folks were to die then I will be the one who decides what I do with the house. Not some faceless twerp in the council offices!
 
#8
theres is already an empty homes agency.
if a house in an area of high housing demand is'nt being used then the local council should investigate if its cause of probate maybe give another 6 months and check back later. if its on the market then crack on maybe post them a book on how to sell houses :twisted:
but if its just being left empty and theres a need for housing then use it or find it being used :twisted:
 
#9
brighton hippy said:
theres is already an empty homes agency.
if a house in an area of high housing demand is'nt being used then the local council should investigate if its cause of probate maybe give another 6 months and check back later. if its on the market then crack on maybe post them a book on how to sell houses :twisted:
but if its just being left empty and theres a need for housing then use it or find it being used :twisted:
What about all the EMPTY Council properties all over London and other Inner Cities which are just left to fall into decay or be taken over as squats? I suppose it's a lot easier to wander down the road, see a nice place and commandeer it than sort out the wastage on the estates instead. There is a shortage of affaordable housing but it is also a case that some people turn down properties offered them because they don't like the area or it's too far from their relatives yet still expect to remain on the homeless list. If you are that desperate for a home you would take what the LA offers you :wink:
 
#10
would'nt be suprised if it's diffrent budgets.
although I agree councils take a long time to fill voids.
if your homeless most councils give you one option and thats it.
although most councils are now moving to a choice based letting systems that puts every avaialbe property up on the web on in a magazine monthly and would be tentants can bid for them.
although brighton council is just spending £1 million trying to convince its tenanants we'd be better off as housing association tenants in brighton homes (que chief of housing doubling his salary happened down the road in worthing :twisted:)
personally I think tenant apathy ( if you vote for this the repairs will get done quiclky yeah right the other ones got bells on ).
and shear hatred of the council its the new labour smart suit wearing councillors who don't represent estates see this as a good idea :twisted:
 
#11
stoatman said:
Cue calls of " it's only Daily Mail scaremongering" in 3...2....1....
I think it is scaremongering! This is just a new spin on something they was going on last year and its called The Housing Act 2004.

Have a look to the two links below from the The Department for Communities and Local Government (DCLG).

EMPTY HOMES
Interim Empty Dwelling Management Orders
Final Empty Dwelling Management Orders

Yep its 100% scaremongering just this time they are using the if your Granny dies we could do this under Empty Dwelling Management Orders it could even be better then the last campaign about it in October 2005 so a journalist at Daily Mail had little to write and presented it from another angle.

Funny how he/she forgot to say that Ruth Kelly MP is Secretary of State, Department for Communities and Local Government and has been since 8 May 2006 and that the Department for Communities and Local Government (DCLG) was created on 5 May 2006 .

Hange on isn't that the same Ruth Kelly MP that was "Secretary of State for Education" who did not know how many sex offenders work in schools if so whats the odds of her Department knowing how many empty homes there are in the UK !!!!!

He did not read the full report under paragraph 9 of the Interim Order it says "There must be no one in occupation of the dwelling, whether the occupation is lawful or unlawful." thats the first step and the second step is the Local Housing Authority must make reasonable efforts to contact the owner and find out if he has any intentions to bring the dwelling. back into occupation.
 
#12
Now seems that following Prescott's saga. T Bliar has in his gift a considerable number of grace and favour homes that no one wishes to be associated with. Dorneywood is one and numerous palatial places - many in London. Will he do the decent thing in line with the spirit of his party's legislation and offer these up?
Will he fcuk!
 
#13
No, because the government already owns them. He can't "offer them up", and anyway as the government hasn't just died and willed them to someone who decided to do **** all about it for six months the whole thing is irrelevant.
 
#14
Escape-from-PPRuNe said:
No, because the government already owns them. He can't "offer them up", and anyway as the government hasn't just died and willed them to someone who decided to do * all about it for six months the whole thing is irrelevant.
It was in this context that I wondered who would get them and not the home of deceased angle. Sorry if not clear enough. Empty Houses
 
#15
First of all it was dormant bank accounts, now it's dormant houses. Where next?

How about the dormant space between the ears of T Blair?
 
#16
I think if you read the whole article properly, what they were aiming at were this people who have purchased second or even third homes and may be only visit them for a few weeks every year. These people often say they are thinking about letting them out, but don't. They just sit on property and don't always maintain it properly and it soon has that run down look. Our local Council had a lot problems with this and have served countless enforcement notices on the owners to repair the houses or they will do it for them and charge the for the repairs and if they fail to pay for the repairs then they would seize the the property. I must say this has worked very well and the whole place looks fairly neat and tidy these days
 
#17
W.Anchor said:
I think if you read the whole article properly, what they were aiming at were this people who have purchased second or even third homes and may be only visit them for a few weeks every year. These people often say they are thinking about letting them out, but don't. They just sit on property and don't always maintain it properly and it soon has that run down look. Our local Council had a lot problems with this and have served countless enforcement notices on the owners to repair the houses or they will do it for them and charge the for the repairs and if they fail to pay for the repairs then they would seize the the property. I must say this has worked very well and the whole place looks fairly neat and tidy these days
Well said. If this is the way it will work then at least much needed housing will be put back onto the property market or the letting market.

Sheffield tried a scheme to get shopkeepers to rent the flats above shops as most were either empty or full of the stock they wouldn't shift in a month of Sundays. It wasn't an overnight success and the effect on the letting market was minmal but at least somebody was thinking along the right lines.

Better that than MORE houses on flood plains or another new town where there is no infrastructure to support it.

And no water either.
 
#18
But surely your property is your property, to do with what you will? This is a fundamental concept of British common law, and this Bill usurps that. To take this one step further, why not extend it to unused bedrooms in occupied houses ? surely they can be let out to lodgers, with the council doing this if you won't. Why not cars that have been SORN'd -- surely these can be rented out to people in need.

Yes, there is a housing crisis, but effectively nationalising unoccupied property is not exactly a fair way to go about solving it, unless you were on the losing side of the Cold War politically.

Why not take a leaf out of the Dutch book -- they are putting up new houses all the time, with all the infrastructure to go with them. It's not exactly rocket science! Whenever they build large quantities of houses / apartments, they build shops, schools, libraries, water systems, transport links etc to go with them as necessary.
 
#20
Warrior_Poet said:
Apparently not that simple.

Through BBC online: "The Home Office says that Migration Watch UK's figures should be treated with - considerable caution" Others said "Little more than idle speculation" "Scaremongering" "Whether this is a double-counting of asylum seekers is not clear" "What this does is give the far right ammunition to propagate their own particular views" Plus "Leading article: A nasty little group playing an old, and unwelcome, trick" from the Independent Newspaper
 

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