The Housing (Empty Dwelling Management Orders) (Prescribed Exceptions and Requirements) (England) Order 2006

Prescribed exceptions

3.  For the purposes of section 134(1)(b) of the Act a dwelling falls within a prescribed exception if —

(a)it has been occupied solely or principally by the relevant proprietor(1) and is wholly unoccupied because—

(i)he is temporarily resident elsewhere;

(ii)he is absent from the dwelling for the purpose of receiving personal care by reason of old age, disablement, illness, past or present alcohol or drug dependence or past or present mental disorder;

(iii)he is absent from the dwelling for the purpose of providing, or better providing, personal care for a person who requires such care by reason of old age, disablement, illness, past or present alcohol or drug dependence or past or present mental disorder; or

(iv)he is a serving member of the armed forces and he is absent from the dwelling as a result of such service;

(b)it is used as a holiday home (whether or not it is let as such on a commercial basis) or is otherwise occupied by the relevant proprietor or his guests on a temporary basis from time to time;

(c)it is genuinely on the market for sale or letting;

(d)it is comprised in an agricultural holding within the meaning of the Agricultural Holdings Act 1986(2) or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995(3);

(e)it is usually occupied by an employee of the relevant proprietor in connection with the performance of his duties under the terms of his contract of employment;

(f)it is available for occupation by a minister of religion as a residence from which to perform the duties of his office;

(g)it is subject to a court order freezing the property of the relevant proprietor;

(h)it is prevented from being occupied as a result of a criminal investigation or criminal proceedings;

(i)it is mortgaged, where the mortgagee, in right of the mortgage, has entered into and is in possession of the dwelling; or

(j)the person who was the relevant proprietor of it has died and six months has not elapsed since the grant of representation was obtained in respect of such person.