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For example, landlords could use the Human Rights Act to challenge the right of councils to take over their property, even if it had been empty for more than six months.

The policy was announced in the Communities Plan to help meet spiralling housing demand, particularly in the South.

A government consultation paper on the issue will be released on Thursday at a conference to mark Empty Homes Week, which runs from 19 to 23 May.

It proposes giving councils the power to take over empty private homes, refurbish them and lease them to homeless people or key workers before returning them to their owners. It also addresses possible barriers to introducing such a scheme. It is expected to suggest that councils initially ask landlords to hand over properties voluntarily and reserve compulsory leasing for the worst cases.

Jonathan Ellis, chief executive of the Empty Homes Agency, hoped the paper would "spark a national debate on empty property".

Nick Billingham, litigation partner at solicitor Devonshires, said councils should expect legal challenges if the legislation went ahead, but added that these were unlikely to succeed.

The legislation will be especially useful for councils struggling with high levels of demand and empty homes.

Councils can expect legal challenges to compulsory leasing but these are unlikely to succeed

Nick Billingham, litigation partner, Devonshires solicitors

Brent council, in north-west London, had 2575 privately owned homes empty for more than six months last year and 3099 households accepted as homeless. The authority feels compulsory leasing proposals would be an improvement on compulsory purchase orders. Martin Cheeseman, director of housing, said: "While Brent has one of the largest number of people in temporary accommodation in London, our empty homes team is working extremely hard to bring empty properties back into use."

A spokeswoman added that the main problem was tracking down the owners of the homes.

The Empty Homes Agency has planned its first series of regional conferences to discuss different regional empty homes problems and strategies. They will be in Eastbourne (23 May), Gateshead (28 May), Southampton (4 June) and Sheffield (9 June).

An overwhelming majority of homeowners want councils to have compulsory leasing power.

A survey from mortgage lender Halifax, provided exclusively to Housing Today, found 82% of those surveyed were in favour of the scheme.