Dear Cannock Chase District Council,

Can you please supply me with a current, up to date list of all registered HMO's with Licence Holder details (Name and Address) in the area.

Yours faithfully,

Nancy

Info Manager, Cannock Chase District Council

Thank you for your email.

If it is in regard to a Freedom of Information request, your request is
being considered and, subject to the points made below, you will receive
the information requested as promptly as possible within the statutory
timescale of 20 working days from today as defined by the Freedom of
Information Act 2000.

Any personal information you provide in relation to this request will only
be used for the purposes of processing your request for information. Your
information will only be passed on to departments or staff within Cannock
Chase Council for the purposes of compiling a response to your request. We
will not forward your request to any other organisations or persons
external to the Council. Cannock Chase Council are the Data Controllers
and may be contacted at; [1][Cannock Chase District Council request email] .

Regards

Information Manager

Cannock Chase Council

References

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1. mailto:[Cannock Chase District Council request email]

Info Manager, Cannock Chase District Council

5 Attachments

Dear Nancy

Thank you for your request for information.

Thank you for your request for information.

Unfortunately the information you requested is exempt from release under section 21 of the Freedom of Information Act (Information accessible via other means to the applicant)

The Council is aware that this information is available on request under the Housing Act 2004. Section 232 of the Housing Act 2004 states that every local housing authority must maintain a register of licences for houses in multiple occupation (HMO) (subsection (1)). The register must contain prescribed particulars (which, by virtue of SIs 2006 No.373 and 2007 No.1903, include the name and address of the licence
holder) (subsection(3)), it must be made available for inspection (subsection (4)) and a copy of the register (or an extract) must be supplied, subject to payment of a fee, on request (subsection (5)).

Section 21(2)(b) of the FOI Act states: ‘information is to be taken to be reasonably accessible to the applicant if it is information which the public authority or any other person is obliged by or under any enactment to communicate (otherwise than by making the information available for inspection) to members of the public on request, whether free of charge or on payment.’

Consequently, the information you have requested is technically exempt from disclosure under the FOI Act, due to our obligations under section 232 of the Housing Act 2004.

Releasing the information to you under the Housing Act 2004

The Council is aware of the Information Commissioner’s Office (the ICO) views regarding releasing HMO landlord details.

The ICO has advised that as the duty of the Council under the Housing Act 2004 is to provide a copy of the register (which will include the name and address of each licence holder by virtue of that duty) to a requester, such a disclosure of personal data is lawful and there would be no breach of the first data protection principle. However, they have also advised the following:

‘It is the form in which the register is provided where it may be considered unfair and subsequently breach the DPA, such as publishing the full register on the internet. The requirement under the Housing Act is just to provide a copy of the register on request, there is no obligation to make it available electronically. This may raise a principle 1 issue, since publication on the internet may be unfair and excessive given the potential for ease of access etc. by a large number of people.’

Please note that under the Housing Act 2004 the Council is not obliged to make the information available to you electronically. As per ICO guidance the Council should treat all requesters equally, and the Council should only disclose information under the FOI Act if the Council would disclose it to anyone else who asked, therefore release of information under the FOI Act should be considered as if it were being released to the world at large. Consequently, the Council is not able to send the register to you as this would potentially breach the first data protection principle.

We would therefore advise that you email [email address] to arrange a viewing of the register and to request certified copies of the register as per your right to do so under the Housing Act 2004.

For queries relating to how your request has been handled in relation to the Freedom of Information Act 2000 please feel free to contact me. If you are then not satisfied with our response you can complain to us at https://www.cannockchasedc.gov.uk/feedback .

Following the exhaustion of our complaints procedure you can also complain to the Information Commissioner at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
www.ico.org.uk

Yours sincerely,

Information Manager
Cannock Chase Council

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