Dear Ravi Hingrajia

I confirm receipt of your information request and that we are dealing with this and will respond to you in due course.

The Freedom of Information Act 2000 and Environmental Information Regulations 2004 allow up to 20 working days for responding to information requests.

If you are not content with the handling of your request, you have the right to ask for an internal review. Requests for internal reviews should be addressed to the Monitoring Officer, PO Box 1720, Huddersfield HD1 9EL. Alternatively, you can send an email to: [email address].

Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of any review you have the right under section 50 of the 2000 Act to apply to the Information Commissioner for a decision as to whether your request for information has been dealt with in accordance with the requirements of the Act. The Information Commissioner’s website is at www.ico.org.uk and gives more information about the role and duties of the Commissioner. The ICO telephone helpline on 0303 123 1113 or 01625 545745 is available between 9am and 5pm, Monday to Friday.

Regards

Mohammed Khan

Information Governance Team
Kirklees Council
Governance Service
PO Box 1720
HUDDERSFIELD
HD1 9EL

Telephone: 01484 221000 (voice activated switchboard – please ask for Freedom of Information)

For more information about how we deal with your personal data, please see the Kirklees Council privacy notice

show quoted sections

Dear Mr Hingrajia

 

I am writing in response to your request dated 18 June 2023  .  This has
been dealt with under the Freedom of Information Act 2000.

 

You asked for the following information:

 

I would like to request please for a 2023 copy of your HMO Licence
Register with the following detail under the freedom of information act,
requirements of the Housing Act Section 232 Housing Act 2004
(legislation.gov.uk) and the Statutory Instrument The Licensing and
Management of Houses in Multiple Occupation and Other Houses
(Miscellaneous Provisions) (England) Regulations 2006
(legislation.gov.uk).

 

(a) HMO Property Address

(b) HMO Licence Holder(s) Full Name

(c) HMO Licence Holders Correspondence Address

(d) HMO Managers Name

(e) HMO Managers Address

(f) A short description of the licensed HMO or house;

(g) A summary of the conditions of the licence;

(h) Date of Licence Commencement

(I) Date of Licence Expiry

(j) Duration of Licence

(k) Licence Number

(l) Number of Households

(m) Maximum Number of Occupants

(n) Number of Units/Bedrooms

(o) Number of Self Contained Units

(p) Number of Non Self Contained Units

(q) Number of Storeys

(r) Number of Kitchens

(s) Number of Reception

(t) Number of Bathrooms

(u) Number of Separate WCs

 

This information contained in Excel format would be useful please.

 

The Council’s response to your specific questions is set out below:

 

The Council can confirm that it does hold information falling within the
scope of your request but believes that it would exceed the appropriate
time limit for complying with the request in order to provide it.

 

Section 12 of the Freedom of Information Act 2000 allows a public
authority to refuse a request if the cost of providing the information to
the applicant would exceed the ‘appropriate limit’ as defined by the
Freedom of Information and Data Protection (Appropriate Limit and Fees)
Regulations 2004:

 

12 Exemption where cost of compliance exceeds appropriate limit

(1) Section 1(1) does not oblige a public authority to comply with a
request for information if the authority estimates that the cost of
complying with the request would exceed the appropriate limit.

(2) Subsection (1) does not exempt the public authority from its
obligation to comply with paragraph (a) of section 1(1) unless the
estimated cost of complying with that paragraph alone would exceed the
appropriate limit.

 

The Regulations provide that the appropriate limit to be applied to
requests received by local authorities is £450 (equivalent to 2.5 days (or
18 hours) of work).  In estimating the cost of complying with a request
for information, an authority can only take into account any reasonable
costs incurred in:

 

(a) determining whether it holds the information,
(b) locating the information, or a document which may contain the
information,
(c) retrieving the information, or a document which may contain the
information, and
(d) extracting the information from a document containing it.

 

For the purposes of the estimate the costs of performing these activities
should be estimated at a rate of £25 per hour.

 

The Council does hold information falling within the scope requested but
much of it is in a format that would require an individual interrogation
of each relevant record in order to extract the following information;

 

(a) HMO Property Address

(c) HMO Licence Holders Correspondence Address

(g) A summary of the conditions of the licence;

(I) Date of Licence Expiry

(m) Maximum Number of Occupants

(n) Number of Units/Bedrooms

(o) Number of Self Contained Units

(p) Number of Non Self Contained Units

(q) Number of Storeys

(r) Number of Kitchens

(s) Number of Reception

(t) Number of Bathrooms

(u) Number of Separate WCs

 

Please note that the duration of each licence is five years

 

The Council believes that it would take a considerable amount of time to
extract and collate the information requested; it would need to look at
each of the 258 records individually to determine whether they hold any
information falling within the scope of your request.  This would take an
estimate of 30 minutes per record. Taking into account the likely costs of
searching the records, the Council believes that the cost of complying
with your request would far exceed the appropriate limit of £450.

 

The request for disclosure of the information is therefore refused under
section 12 of the Freedom of Information Act 2000. 

 

I have attached information that the Council was able to provide within
the appropriate cost limit

 

Under section 1(3) of the Act, a public authority need not comply with a
request unless any further information reasonably required to locate the
information is supplied.  If a request is too broad or general in nature,
then public authorities have a duty to provide advice and assistance to
the applicant in order to focus the request.  Although the Council cannot
answer your request as it currently stands, it might be able to answer a
refined request within the cost limit. You may wish to consider narrowing
the scope of your request, for example by restricting the time frame or
selecting those items / issues you consider the most important, it might
be possible to comply, subject to the application of any exemptions. 
Please do be aware that the Council cannot guarantee at this stage that a
refined request will fall within the appropriate cost limit.

 

Although excess cost removes the Council’s obligations under the Freedom
of Information Act, as a gesture of goodwill, I have supplied information
relative to your request, retrieved or available before it was realised
that the fees limit would be exceeded. I trust this is helpful, but it
does not affect our legal right to rely on the fees regulations for the
remainder of your request.

 

 

Advice and Assistance : Direct Marketing

If you are a company that intends to use the names and contact details of
council officers (or other officers) provided in this response for direct
marketing, you need to be registered with the Information Commissioner to
process personal data for this purpose.  You must also check that the
individual (whom you wish to contact for direct marketing purposes) is not
registered with one of the Preference Services to prevent Direct
Marketing.  If they are you must adhere to this preference. You must also
ensure you comply with the Privacy Electronic and Communications
Regulations (PECR).  For more information follow this Link
[1]www.ico.org.uk

 

For the avoidance of doubt the provision of council (and other) officer
names and contact details under FOI does not give consent to receive
direct marketing via any media and expressly does not constitute a ‘soft
opt-in’ under PECR.

 

If you are not content with the handling of your request, you have the
right to ask for an internal review.  Requests for internal reviews should
be submitted within 2 months of the date of receipt of the response to
your original request and should be addressed to the Monitoring Officer,
1^st Floor, Civic Centre 3, Market Street, Huddersfield HD1 2EY. 
Alternatively, you can send an email to:
[2][email address]. 

 

Please remember to quote the reference number above in any future
communications.

 

If you are not content with the outcome of any review you have the right
under section 50 of the 2000 Act to apply to the Information Commissioner
for a decision as to whether your request for information has been dealt
with in accordance with the requirements of the Act.  The Information
Commissioner’s website is at [3]www.ico.org.uk and gives more information
about the role and duties of the Commissioner.  The ICO telephone helpline
on 0303 123 1113 or 01625 545745 is available between 9am and 5pm, Monday
to Friday.

 

Yours sincerely

 

John Shannon

Information Governance Team

Kirklees Council, Governance Service

Telephone: 01484 221000 (voice activated switchboard – please ask for
Freedom of Information)

 

For more information about how we deal with your personal data, please see
the [4]Kirklees Council privacy notice

 

 

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