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The Empty Homes Agency is an Head Office: Northern Office:

independent campaigning charity, which The Empty Homes Agency The Empty Homes Agency
exists to highlight the waste of empty 195-197 Victoria Street PO Box 3609
property in England and works with others London Barnsley
to devise and promote sustainable SW1E 5NE S75 1WW
solutions to bring empty property back Phone: 020 7828 6288 Phone/Fax: 01226 390 093
into use. Fax: 020 7828 7006 Mobile: 07719 798 033
Email: info@emptyhomes.com
Web: www.emptyhomes.com

CAMPAIGNING ACTION

PACK ON

EMPTY HOMES

Empty Homes Agency - Campaigning Action Pack on Empty Homes - January 2005
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Dear Friend,

Thank you very much for requesting a Campaigning Action Pack on empty
homes. Across the country more and more groups are campaigning to bring
empty homes back into use to meet housing need.

This pack is aimed to give you all the facts and figures to run a local campaign
to ensure that action is taken in your area on empty homes.

Did you know that across England there are just under 700,000 empty homes?
At a time of housing crisis, this high level of empty homes is surely
unacceptable.

The Empty Homes Agency is an independent campaigning charity, established


in 1992 with the purpose of both raising awareness around empty homes and
devising and promoting sustainable solutions to bring empty homes back into
use. We work with a variety of different groups and organisations to help us
deliver on this important goal.

We hope the information in this pack will inspire you to take action to make sure
in your local community the problem of empty homes is not a problem for long.

If you would like any more information from us do visit our website
www.emptyhomes.com or call us on 020 7828 6288.

Thanks again for your interest in this vital campaign

Yours faithfully

Andrew Purkis
Chair
Empty Homes Agency

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Contents

Chapter Page

Background briefing on empty homes 4

Does your Local Authority do the following. 9

Model letter to Local Authority Cabinet members for housing 10

Model press release for local media 12

Briefing note for meeting Councillors/Officers 14

Model letter to MP about public sector empty homes 17

Note on public request ordering disposal (PROD) 18

Contact details of supporting organisations 19

How to get more involved 20

Feedback form 21

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CAMPAIGNING ACTION PACK ON EMPTY HOMES

Background briefing

Introduction

Across the country there are just under 700,000 empty homes. At the time of
huge need for housing this high level of empty properties is surely
unacceptable. Around 20% of these empty homes are owned within the public
sector be that Local Authority, Housing Associations or Government
departments. While much good progress has been made within the public
sector tackling these properties, it is vital that there is good stock management
and public empty homes do not remain empty for long.

We are currently campaigning for an annual public register of empty homes in


the public sector – it is vital that the public sector has its own house in order.
Please see the model letter to your MP, which is our campaigning action on this
issue.

The major challenge on empty homes is the 80% of empty homes within the
private sector. Any market will always have some degree of empty homes such
is the nature of market transactions. But across England there currently over
three hundred thousand private empty homes that have been empty for more
than 6 months. This is not just the market taking its turn to work, this number of
empty homes represent structural blockages that are preventing these homes
from being brought back into use.

Role of local authorities

The Empty Homes Agency favours Local Authorities developing policies that
both encourage owners to bring their properties back into use and ultimately
deters them from leaving their homes empty.

There are many things under existing powers that Local Authorities can do to
bring private empty properties back into use. The majority of Local Authorities
now have empty properties strategies and a dedicated officer, an empty
property officer, who deals with this issue.

The progressive local authorities have identified money, which is made


available to the owners of long-term private empty homes. This money is used
to renovate the property to a decent standard. However the owners don’t get
this money for free. The deal is normally that the owner will hand over the
management of the property for an agreed period. The local authority can then
use that property either directly or with the support of a Housing Association to
accommodate people in housing need. This works out as a good deal especially
in comparison with the expenditure that would have been incurred on alternative
accommodation such as bed and breakfast accommodation.

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In areas where there is demand for housing, we think that every local authority
should have such an empty property strategy in place with decent funding to
ensure that such properties are brought back into use and then they are used to
accommodate those in most need of affordable housing. Yet it is also worth
noting that local authorities have numerous powers under existing laws to take
action on the owners of empty properties. The following list charts the powers
local authorities have:

Local Authority Legal Powers

Problem Legislation Power granted


Dangerous or Building Act 1984, Sections 77 To need the owner to make
dilapidated buildings and 78 property safe (Section 77) or
or structures enable the Local Authority to take
emergency action to make the
building safe (Section 78)
Housing Act 1985, Sections 189 To need the owner to make the
and 190 property safe. Section 189
applies if the property is Unfit for
Human Habitation. Section 190
applies in other cases of serious
disrepair
Unsecured Building Act 1984, Section 78 To allow the Local Authority to
properties (if it poses fence off the property
the risk that it may Local Government (Miscellaneous To need the owner to take steps
be entered or suffer Provisions) Act 1976, Section 35 to secure a property or allow the
vandalism, arson or Local Authority to board it up in
similar) an emergency
Blocked or defective Local Government (Miscellaneous To need the owner to address
drainage or private Provisions) Act 1976, Section 35 obstructed private sewers
sewers Building Act 1984, Section 59 To need the owner to address
blocked or defective drainage
Public Health Act 1961, Section To need the owner to address
17 defective drainage or private
sewers
Vermin (if it is either Public Health Act 1961, Section To need the owner to remove
present or there is a 34 waste so that vermin is not
risk of attracting Prevention by Damage of Pests attracted to the site
vermin that may Act, Section 4
detrimentally affect Public Health Act 1936, Section
people’s health) 83
Environmental Protection Act
1990, Section 80
Building Act 1984, Section 76
Unsightly land and Public Health Act 1961, Section To need the owner to remove
property affecting 34 (see above) waste from the property
the amenity of the Town and Country Planning Act To need the owner to address
area 1990, Section 215 unsightly land or the external
appearance of a property
Building Act 1984, Section 79 To need the owner to take steps
to address a property adversely
affecting the amenity of an area
through its disrepair

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We believe that all local authorities, where there is housing need, should use a
mixture of both incentives and enforcement powers to bring properties back into
use.

Campaigns

Over the last year the Empty Homes Agency has been successful in running a
variety of campaigns to encourage more properties being brought back into use.
We ran a long running campaign to give councils the discretion to abolish the
discount on council tax for empty properties.

For many years this had acted as a perverse incentive to encourage owners to
keep their properties empty with the offer of a 50% discount. Local Authorities
now have the right to end this discount under the 2003 Local Government Act.
Certainly when there is housing need in an area, there should be no such empty
property discount for Council Tax. What is happening in your local area?

We’ve also campaigned to ensure that council tax records recording the owners
of empty property can be used by local authorities for their empty property work.
For a long time the Data Protection Act prevented such access to data but now
under the same Act, the 2003 Local Government Act, local authorities now have
the power to access council tax data to find out who owns the properties to
assess if they can work with them to bring them back into use.

Compulsory leasing

The Agency’s biggest campaign over the last year or so has been promoting a
new power for local authorities of Compulsory Leasing. Where owners turn
down offers of assistance and cannot give a good reason why their property is
empty, we have argued for local authorities having the powers to take over the
temporary management of these properties, renovate them and then use them
over a fixed period to accommodate people in housing need.

This new campaign is based on experience working across the country with
authorities such as the London Borough of Hammersmith and Fulham where
they identified approximately 1,000 owners, which fell into this category. Where
there is housing need and you have this blockage on the housing market, we
have argued that more needed to be done.

This campaign soon gathered a good head of steam with support from Shelter
and Crisis, the Local Government Association, the Transport and General
Workers’ Union and from Royal Institution of Chartered Surveyors and the
British Property Federation. In the summer of 2003 at our joint conference with
the Social Market Foundation, the Government launched a public consultation
on this radical idea. Answers to parliamentary questions revealed that there was
almost overwhelming support for this proposal from the consultation.

We encouraged the Government to introduce this new power at the earliest


opportunity. We believe that the issue of empty homes is not about ownership it

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is all about occupation. Compulsory leasing could be a very quick and effective
way to bring properties back into use, to help meet housing need, to remove the
eye-sore of an empty home from a community and to show the owners what
they are missing out on in terms of additional income.

Campaign update – as a result of this campaign the Government included this


new power, now called Empty Dwelling Management Orders, into clauses 129-
134 of the 2004 Housing Act. As from November 2005, councils will be able to
take over the temporary management of long-term private empty property for up
to 7 years – is your council planning to use this new power?

Why it is important to fill the empties

It is important also to reflect on the reasons for needing to bring properties back
into use. Firstly there is the need to accommodate people who are in housing
need, this could refer to homeless people living in bed and breakfast
accommodation or indeed key workers. It is also important to reflect on the
community damage that empty properties do to local areas. The Association of
Chief Police Officers have referred to empty properties as “honey pots for
crime”.

Furthermore having an empty property next to your property can seriously


devalue the wealth of your own property. In June of 2003 ‘Home Track’
produced a survey, which showed that empty properties devalue the
neighbouring properties by as much as 18%. Also from an environmental
position it is madness that we are not recycling these wasted homes and
bringing them back into use.

Hence it can be seen that there are a variety of reasons for taking action on this
subject. Below you will find the latest government statistics for empty homes for
the whole of England. If you require more detailed information broken down by
local authority area these are available from the Empty Homes Agency website
at www.emptyhomes.com under ‘facts and figures’

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Latest empty homes figures

2004 Ownership of Empty Homes


Total Number of Local Other
RSL Other private
Empty Homes Authority public
North East 39,957 6,803 3,091 410 29,293
Yorkshire &
84,224 9,814 3,822 219 70,369
Humberside
East Midlands 58,192 4,966 2,125 1,053 50,048
Eastern Region 59,467 4,209 1,898 1,036 52,324
London 99,047 8,952 5,960 924 83,211
South East 83,371 3,035 3,480 1,577 75,279
South West 62,475 2,259 2,032 536 57,648
West Midlands 75,829 6,880 5,900 170 62,879
North West 127,473 10,618 10,887 1,450 104,518
ENGLAND TOTAL 689,675 57,536 39,195 7,375 585,569

Empty Homes Agency - Campaigning Action Pack on Empty Homes - January 2005
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DOES YOUR LOCAL AUTHORITY DO THE FOLLOWING …

On 11th October 2004 the Agency launched a new report – “Unlocking the
potential of London’s empty homes.” which highlights the excellent work being
undertaken by the Boroughs in London.

Over the last few years, the Empty Homes Agency has worked with local
authorities across the country to bring empty homes back into use to meet
housing need.

Based on this wide experience of existing good practice, we have developed


our Local Authority Empty Property Charter. We firmly believe that if all local
authorities gave active consideration to all the points in our charter, we could
bring even more empty homes back into use.

Empty Property Charter:

All Local Authorities should have:

1. A commitment to tackle empty property within the housing strategy with


challenging targets for getting properties back into use

2. A clear method of reporting empty properties

3. A dedicated empty property officer

4. A properly funded private housing assistance policy with the flexibility to


offer grants to owners of empty property

5. Publicity about “ carrots and sticks” for empty property owners

6. Regular communications and information for empty property owners

7. A regular survey of empty property owners

8. A private sector leasing scheme with a managing agent partner

9. A joint multi agency approach to empty property work

10. A private sector enforcement policy with a commitment if all else fails to
using enforcement to bring properties back into use

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MODEL LETTER TO YOUR LOCAL AUTHORITY CABINET MEMBER FOR
HOUSING

(Local authorities now run a cabinet system to run business. Senior councillors
have cabinet responsibility for key areas of the council’s business – one such
key area is housing. You can find out the identity of your local cabinet member
for housing by ringing your local council’s main switchboard number and asking
the operator.)

Dear

I am writing to you to find out what my Council is doing to reduce the number of empty homes in
________ (your town).

From Government figures that I have seen, there are _______ empty homes in our local
authority area (your local number can be found at www.emptyhomes.com under ‘facts and
figures’ or call us on 020 7828 6288). At a time of high demand for housing, I am really
concerned at this waste of potential homes.

I understand that the Empty Homes agency, a national charity, has recommended that all local
authorities to give active consideration to the following points:

1. A commitment to tackle empty property within the housing strategy with challenging
targets for getting properties back into use

2. A clear method of reporting empty properties

3. A dedicated empty property officer

4. A properly funded private housing assistance policy with the flexibility to offer grants to
owners of empty property

5. Publicity about “ carrots and sticks” for empty property owners

6. Regular communications and information for empty property owners

7. A regular survey of empty property owners

8. A private sector leasing scheme with a managing agent partner

9. A joint multi agency approach to empty property work

10. A private sector enforcement policy with a commitment if all else fails to using
enforcement to bring properties back into use

I would be most interested to know what you are doing to reduce the number of empty homes
locally and in particular how you respond to the action points above, which are built on national
good practice. I would also be very interested to know whether you are proposing using the new
powers in the Housing Act on empty homes?

Empty homes are in no-one’s best interests and I look forward to hearing from you.

Yours sincerely

Empty Homes Agency - Campaigning Action Pack on Empty Homes - January 2005
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MODEL PRESS RELEASE FOR LOCAL MEDIA

Empty Property Charter:


Local Campaigners demand action on empty homes
All Local Authorities should have
Local campaigners in ___________ (your town) have expressed outrage that there are
_________ (your local to
1. A commitment number
tackle of empty
empty homeswithin
property can be
thefound at www.emptyhomes.com
housing strategy with challengingunder
‘facts and figures’
targets foror call usproperties
getting on 020 7828
back6288) empty homes locally.
into use
“At 2.
a time of great
A clear housing
method need,empty
of reporting this properties
high number of empty homes is a scandal,” said
___________ (your name) of ___________ (your group name).
3. A dedicated empty property officer
“We want to see our Council giving a much higher priority to bringing empty homes back into
use.4.Before we even
A properly think
funded of building
private housingnew houses policy
assistance we should beflexibility
with the sure that we are
to offer making
grants to
maximum use ofofthis
owners wasted
empty resource.”
property
_____________
5. Publicity (your
aboutgroup name)
“ carrots and has asked
sticks” ________
for empty (yourowners
property local council name) to give real
consideration of the empty property charter produced by the national campaign group, the
Empty
6. Homes
RegularAgency. “This charter
communications is built onforexisting
and information good practice
empty property ownersfrom other councils
around the country. We now want to see our council use this charter as a checklist to bring more
empty
7. homes backsurvey
A regular into use.”
of empty property owners
“It is8.madness to ignore
A private sector the potential
leasing schemecontribution of our local
with a managing empty
agent homes. We urge our council
partner
to give this issue maximum priority over the coming years,” said ________ (your name)
9. A joint multi agency approach to empty property work
_________ (your group name) has written to the Cabinet Member for housing/ requested a
meeting
10. Awith the Cabinet
private Member for policy
sector enforcement housing/ undertaken
with otherifaction
a commitment all else(delete
fails toasusing
appropriate)
enforcement to bring properties back into use
ENDS

1. To contact _________ (your group name) please call __________ (list your contact
details – phone/ e-mail)
2. For information on the Empty Homes Agency please visit www.emptyhomes.com
3. On 11th October 2004 the Agency launched a new report – “Unlocking the potential of
London’s empty homes.” which highlights the excellent work being undertaken by the
Boroughs in London.

Over the last few years, the Empty Homes Agency has worked with local authorities across the
country to bring empty homes back into use to meet housing need.

Based on this wide experience of existing good practice, we have developed our Local Authority
Empty Property Charter. We firmly believe that if all local authorities across the country gave
active consideration to all the points in our charter, we could bring even more empty homes
back into use.

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Empty Homes Agency - Campaigning Action Pack on Empty Homes - January 2005
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BRIEFING NOTE FOR MEETING COUNCILLORS/OFFICERS

Over the last few years, the Empty Homes Agency has worked with local
authorities across the country to bring empty homes back into use to meet
housing need.

Based on this wide experience of existing good practice, we have developed


our Local Authority Empty Property Charter. We firmly believe that if all local
authorities gave active consideration to all the points in our charter, we could
bring even more empty homes back into use.

Empty Property Charter:

All Local Authorities should have

1. A commitment to tackle empty property within the housing strategy


with challenging targets for getting properties back into use

All local authorities have to produce a housing strategy that covers both the
public and private sectors. We believe that such a document should include a
section on how the local authority will work to ensure that empty homes are
brought back into use. We also think that in addition to these words there
should be challenging targets on empty properties and that the local authority
should report each year on the progress made against these targets.

2. A clear method of reporting empty properties

If some-one wants to report an empty homes, either as a concerned member of


the public or an owner, is there a clear and simple way? We favour a telephone
hotline, which is well promoted locally giving people a simple way to report
empty homes as well as an e-mail address. If exists do people know about it?

3. A dedicated empty property officer

The successful local authorities all have a dedicated officer who works on
empty properties and acts as the main facilitator to bring them back into use. If it
is not a dedicated post, experience suggests that empty homes will lose any
priority attention among the many other priorities. A dedicated officer ensures
that there is focus and one person for owners to work with.

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4. A properly funded private housing assistance policy with the
flexibility to offer grants to owners of empty property

We believe that owners should be given some financial help to bring their empty
home back into use. Many empty homes require some work to bring them to a
decent standard. We think that local authority funds should be put into this work
to act as an incentive to the owner. But if money is invested in this way, the
owner will need to agree with the local authority using the property to
accommodate people in housing need. The technical term for this is the local
authority acquiring nomination rights over the property. This must be part of the
deal to justify the local authority investing in the property.

5. Publicity about “ carrots and sticks” for empty property owners

If a local authority is making funding available through grants and loans is that
information publicly available? And are the enforcement powers that the local
authority might use also publicly promoted? We believe that the owners of
empty homes should know both the good and bad things that could happen to
them and their empty property right at the start.

6. Regular communications and information for empty property


owners

And linked to the above point is the need for clear communication and
information to owners. Does the local authority communicate on a regular basis
to its owners of empty property?

7. A regular survey of empty property owners

We also recommend that the local authority conducts a survey of its empty
property owners – how can they devise a strategy to help them if they don’t
know what the owners’ issues are? We recently helped to run such a survey in
the London Borough of Hammersmith and Fulham with MORI. And the results
are on our web site.

8. A private sector leasing scheme with a managing agent partner

If there is a willing owner, is there also a local means of managing that property
once it has been brought back into use? Many local authorities do not manage
property any more, so we suggest that they strike up partnerships with local
housing associations who can manage these properties. How would your local
authority propose to manage a property which is brought back into use and the
owner doesn’t want to manage it themselves?

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9. A joint multi agency approach to empty property work

It is always amazing how many agencies have an interest in empty property –


from the police, the local authority, housing associations, estate agents to utility
companies. How is your local authority working in a multi agency approach, and
with whom are they working to get the most impact on empty homes?

10. A private sector enforcement policy with a commitment if all else


fails to using enforcement to bring properties back into use

But it all else fails is your local authority prepared to do something about it and
use the enforcement powers available to it under the law such as compulsory
purchase or enforced sale? All the above points will be wasted unless there is a
credible threat of enforcement. And is your local authority prepared to use the
new powers in the 2004 Housing Act, which come into force in November
2005?

If you want more information on the enforcement powers of local authorities


please contact us.

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MODEL LETTER TO MP ABOUT PUBLIC SECTOR EMPTY HOMES

To find out the identity of your MP please visit www.locata.co.uk/commons

__________ MP
House of Commons
London
SW1A 0AA

Dear

Public Sector empty homes

I am writing to you to express my concern at the number of empty homes in the public sector. In
our area there are according to Government figures ______ (insert number of Local Authority,
RSL and other public sector empty homes for your local authority area from
www.emptyhomes.com under national statistics.) At a time of high housing need we surely need
to do more to bring these homes back into use?

For this reason I support the idea of a national report to Parliament each year of the number of
empty homes in the public sector to include council, housing association and Government
department stock. I understand that when the Select Committee looked into this issue on March
2002 they supported this recommendation.

I would be most interested to know if you support this idea to put more pressure on the public
sector to maximise the use of its property. If you do support this idea it would be great if you
could raise this issue on my behalf with the Housing Minister.

Thanks for giving this issue your consideration!

Yours sincerely

And if you do receive a reply do please send us a copy at the Empty Homes
Agency – thanks!

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Public Empty Properties

Did you know that under the 1980 Housing and Planning Act all members of the
public have the power to move a public request ordering disposal (PROD)?

A PROD is an exciting but also so much forgotten power passed by Parliament.


It was conceived by the then Conservative government as a way of putting
pressure on public authorities to maximise use of their empty property.

It gave members of the public power to request disposal and challenge the
relevant public authority to say what they were going to do with their property
and if they couldn’t come up with a good reason to then dispose of it and make
sure that it was put back into use.

Unfortunately schedule 16 of the Act excluded properties owned by the NHS


and the MoD but this is still a very very useful power.

If you are campaigning and you find that a property you are targeting is publicly
owned you may want to consider raising a public request ordering disposal
(PROD).

If you are interested in finding out more about PRODs please contact the Empty
Homes Agency for a separate campaign pack.

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Contact details of link organisations

The following organisations may be useful to you in your on going campaigning;

Name Address Tel. Website Email


Shelter 88 Old Street 020 www.shelter.org.uk info@shelter.org.uk
London 7505
EC1V 9HU 4699
Crisis 66 Commercial Street 0870 www.crisis.org.uk enquiries@crisis.org.uk
London 011
E1 6LT 3335
Housing 209 Old Marylebone 020 www.justhousing.org.uk info@housingjustice.org.u
Justice Road 7723 k
London NW1 5QT 7273
Homeless First Floor 020 www.homeless.org.uk Via website
Link 10-13 Rushworth 7960
Street 3010
London
SE1 0RB
National Rent Lonsdale House 0121 www.nrdf.org.uk info@nrdf.org.uk
Deposi 52 Blucher Street 616
t Birmingham B1 1QU 5067
Forum
Local Local Government 020 www.lga.gov.uk info@lga.gov.uk
Gover House 7664
nment Smith Square 3000
Associ London
ation SW1P 3HZ
British 7th Floor 020 http://www.bpf.org.uk info@bpf.org.uk
Proper 1 Warwick Row 7828
ty London SW1E 5ER 0111
Federa
tion
Royal Institute Surveyor Court 0870 www.rics.org contactrics@rics.org
of Westwood Way 333
Charte Coventry 1600
red CV4 8JE
Survey
ors
Friends of the Friends of the Earth 020 www.foe.org.uk info@foe.co.uk
Earth 26-28 Underwood 7490
Street 1555
LONDON
N1 7JQ
Transport and Central Office 020 www.tgwu.org.uk tgwu@tgwu.org.uk
Gener Transport House 7611
al 128 Theobald's Road 2500
Worke Holborn
rs’ London WC1X 8TN
Union

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For more information

If you would like more information on the campaign to bring more empty homes
back into use to meet housing need in England please go to our website
www.emptyhomes.com for regular updates.

We also send out a regular monthly e-newsletter and if you would like to be
added to our circulation list please contact us at info@emptyhomes.com.

One issue that this pack hasn’t addressed is the issue of empty homes in areas
where there is little demand by people to live. The technical term for such areas
are low demand areas. And there are many parts in England where there are
empty homes and yet people do not aspire to live in them.

In these areas it is profoundly depressing to be living with so many vacant


properties and have no real opportunity to see life being restored to these
properties. Empty homes in areas of low demand require very different solutions
than the ones identified in this pack and the Empty Homes Agency runs a
dedicated Low Demand project to support communities in such areas. If you
would like to get in touch with our low demand team please contact them at:

The Empty Homes Agency Low Demand Project


PO Box 3609
Barnsley
S75 1WW

Or

http://www.emptyhomes.com/ld/lowdhome.htm

Or by e-mail info@emptyhomes.com

We’d also like to hear what you think of this campaigning pack – what do you
like? And what should we improve on? If you have any comments on our pack
please complete the form below and send it to us at our London address

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Campaigning Pack – feedback form

Name:

Address:

Phone:

E-mail:

Did you get the campaigning pack for a group? Is so which one?

Did you find the pack useful?

What actions did you do?

What can we improve on?

Any other comments?

Please return to:

The Empty Homes Agency


195-197 Victoria Street
London
SW1E 5NE

Or e-mail the form to info@emptyhomes.com

Thank you for your interest and support!

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