The EDMO six-month rule takes effect on 5 November 2026. From that date a council in England can seek an empty dwelling management order (EDMO) on a home that has been wholly unoccupied for six months, instead of the two years that has applied since 2012. For London landlords this turns a long void, a stalled refurbishment or an inherited flat left empty into something a council can act on far sooner. This guide explains what an EDMO is, what changed, which homes are excepted, and how to stay clear of one.
What is an empty dwelling management order?
An EDMO lets a local housing authority take over the management of a long-term empty home and get it lived in again, while ownership stays with the owner. The government says an EDMO can last for up to seven years. There are two stages under Part 4, Chapter 2 of the Housing Act 2004: an interim EDMO, which needs authorisation from the tribunal, and a final EDMO, which can follow it.
What the EDMO six-month rule changes
The Housing (Empty Dwelling Management Orders) (Prescribed Period of Time and Prescribed Requirements) (England) (Amendment) Order 2026 (SI 2026/1085) was made on 13 October 2026 and comes into force on 5 November 2026. It makes two changes:
- Six months, not two years. The Housing Act 2004 sets a minimum of six months wholly unoccupied before a council can apply. In 2012 the period was extended to two years by order. The 2026 order brings it back to six months.
- Less for the council to prove. The government says councils will no longer need to provide evidence about issues such as anti-social behaviour or community support before applying to the Residential Property Tribunal.
Which empty homes are excepted
The six-month clock is not the whole test. A council cannot make an interim EDMO on a home that falls within one of the exceptions in article 3 of the 2006 Order, which the 2026 changes leave in place. They include a home that is:
- genuinely on the market for sale or letting;
- a holiday home, or used from time to time by the owner or their guests;
- the owner's usual home while they live elsewhere temporarily, receive or give care, or serve in the armed forces;
- held for an employee or a minister of religion;
- subject to a court order freezing the owner's property, or affected by a criminal investigation or proceedings;
- in the possession of a mortgage lender; or
- owned by someone who has died, until six months after the grant of representation.
A home left empty for refurbishment is not on that list. If works will take months, keep the void as short as you can and keep a dated record of the programme.
What a council must do first
Before applying for an interim EDMO, the council must make reasonable efforts to tell the owner it is considering one and to find out what the owner is doing, or plans to do, to get the home occupied. The application then goes to the tribunal for authorisation. That letter is the moment to respond, with evidence.
What London landlords should do now
- List any property that has been empty, or will be, for close to six months.
- If it is being let, keep proof that it is genuinely on the market: the listing, the rent, the viewings and any offers.
- If it is being refurbished, set a realistic end date and keep the works record on file.
- Answer any council letter about an empty home promptly and in writing.
- Check the separate council tax premium on empty homes in our guide to empty property council tax.
How AIHPG keeps voids short
An empty home costs rent long before any council takes an interest. We start marketing before the current tenant leaves, handle the clean, inventory and safety certificates in-house, and keep the marketing record that shows a home is genuinely on the market. Our guide to reducing void periods sets out the full process.
Keep every void short
We market before the tenant leaves, prepare the home in-house in parallel, and keep the record that shows a property is genuinely on the market.
Talk to us about letting →Frequently asked questions about the EDMO six-month rule
When does the EDMO six-month rule start?
On 5 November 2026, when SI 2026/1085 comes into force in England. From then a council can seek an empty dwelling management order on a home wholly unoccupied for six months, instead of the two years that applied from 2012. The council still needs tribunal authorisation for an interim order.
Can a council take over my flat if it is empty between tenants?
Not while it is genuinely on the market for letting, because that is one of the listed exceptions. The risk grows if a home sits empty for six months without being marketed, for example during a long refurbishment. Keep dated evidence of marketing and works so you can show what is happening.
Do I lose ownership under an EDMO?
No. Ownership stays with the owner. The council takes over management to get the home lived in, and the government says an order can last for up to seven years. Before applying, the council must try to contact the owner and find out what steps they are taking to get it occupied.
This guide is general information for landlords in England. Check the current gov.uk guidance on empty dwelling management orders for your property.
