Empty home rules change on 5 November: what landlords need to know

An empty property can be easy to put to one side while you decide what to do next. Perhaps a sale is taking longer than expected, you have inherited a home, or your plans have changed since the last tenant moved out.

From 5 November 2026, councils in England will be able to seek an Empty Dwelling Management Order after a home has been empty for six months, rather than two years.

For owners, this makes it a sensible time to review any empty property, understand whether an exception applies and keep a clear record of your plans.

What is an Empty Dwelling Management Order?

An Empty Dwelling Management Order, usually shortened to EDMO, allows a council to take over the management of an empty home to bring it back into use.

You retain ownership of the property. An EDMO does not give the council the right to sell your home.

There are two stages. An interim order requires authorisation from the First-tier Tribunal and the council needs the owner’s consent to let the property during that stage. A final order can allow the council to arrange occupation without that consent, with management lasting up to seven years.

What changes on 5 November?

The changes apply to new applications in England from 5 November 2026.

The minimum vacancy period reduces from two years to six months. Councils will also no longer need to provide evidence about nuisance to the community or community support for the proposed order.

Six months empty does not mean an automatic council takeover. The legal process and tribunal safeguards remain. Before making an interim order, the council must make reasonable efforts to contact the owner and establish what they are doing, or intend to do, to bring the home into occupation.

What if you are trying to sell or let?

Existing exceptions remain, including homes genuinely being marketed for sale or letting.

There are also exceptions covering certain personal circumstances, including some owners temporarily living elsewhere or receiving care. Where an owner has died, protection generally continues until six months after the grant of representation, such as probate.

The detail matters. Check which exception applies to your circumstances rather than assuming every empty property is treated alike.

If you are marketing a home, keep dated listings, viewing records, feedback and correspondence with your agent. These help show the steps you are taking.

What about the Renters’ Rights Act?

There is a particular issue for landlords who have sought possession because they intend to sell or move into the property.

The Government’s explanatory memorandum acknowledges that a home could become eligible for an EDMO while the landlord is subject to the 12-month restriction on re-letting associated with Ground 1 or Ground 1A.

A property genuinely marketed for sale may fall within an existing exception. The tribunal must also consider the statutory tests, including whether an order offers a reasonable prospect of occupation.

If your plans change after using either ground, take advice before advertising the property to let or agreeing a new tenancy.

A few practical checks now

If you own an empty home, start with these questions:

• When did it become wholly unoccupied?
• Why is it empty and what is your next step?
• Does an exception apply and what evidence supports it?
• Are your marketing records and any possession paperwork together?
• Have you responded to any enquiries from the council?

Our view is that owners benefit from early, practical help. Understanding what is holding things up and agreeing a realistic plan, is a useful starting point.

Let’s talk through your options

If you have an empty rental property in Bristol, South Gloucestershire or Bath, we can help you review its readiness for letting and the steps needed to bring it back into use.

You do not need to have everything worked out before speaking to us. Get in touch for a friendly conversation about your property and what you would like to do next.

Personal Economy Lettings
Helping Bristol landlords stay confidently in control.

Call 0117 985 6703 or send us a WhatsApp message 07950 197915
personaleconomylettings.co.uk