Council policy on identifying unlicensed HMOs and enforcement action subsequently, 2017-2019

The request was successful.

Dear Dumfries and Galloway Council,

The information requested is for the years 2017, 2018 and 2019.

1) What is the council's estimate of unlicensed HMOs in the Dumfries and Galloway Council area?

2) What is the council's policy on investigating potential HMOs? How many investigations were undertaken in the period 1 January 2017 to 1 January 2020?

3) How many enforcement actions were taken against unlicensed premises in the Dumfries and Galloway Council area? This is for the period 1 January 2017 to 1 January 2020.

4) How many of these were successful (assuming there were any)?

5) What fines were levied and how much was collected?

6) How many unlicensed HMOs are known to exist but no enforcement action taken against them? What were the reasons for non enforcement?

7) What sort of database is held concerning potential unlicensed HMOs? Is follow up action undertaken and how often?

Yours faithfully,

Susan Murray

Dumfries and Galloway Council

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FOI Unit
Dumfries and Galloway Council

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Dumfries and Galloway Council

Please find below the Council's response to your request 460338 which was received on 20/01/2020.

Details of request: The information requested is for the years 2017, 2018 and 2019.

1) What is the council's estimate of unlicensed HMOs in the Dumfries and Galloway Council area?

2) What is the council's policy on investigating potential HMOs? How many investigations were undertaken in the period 1 January 2017 to 1 January 2020?

3) How many enforcement actions were taken against unlicensed premises in the Dumfries and Galloway Council area? This is for the period 1 January 2017 to 1 January 2020.

4) How many of these were successful (assuming there were any)?

5) What fines were levied and how much was collected?

6) How many unlicensed HMOs are known to exist but no enforcement action taken against them? What were the reasons for non enforcement?

7) What sort of database is held concerning potential unlicensed HMOs? Is follow up action undertaken and how often?

Response:

1) What is the council's estimate of unlicensed HMOs in the Dumfries and Galloway Council area?
In accordance with Section 17(1)(b) of the Freedom of Information (Scotland) Act 2002, Dumfries and Galloway Council can confirm we do not hold the information requested as the Council investigates any reported potential HMO as they are received.

2) What is the council's policy on investigating potential HMOs? How many investigations were undertaken in the period 1 January 2017 to 1 January 2020?
Dumfries and Galloway Council follows Licensing of houses in multiple occupation - Statutory guidance for Scottish Local Authorities August 2011 updated January 2012. Dumfries and Galloway Council follows its own Policy and Procedures and HMO Guidance for landlords booklet. Nineteen reports of unlicensed HMO?s received and investigated during this period.

3) How many enforcement actions were taken against unlicensed premises in the Dumfries and Galloway Council area? This is for the period 1 January 2017 to 1 January 2020.
Nil

4) How many of these were successful (assuming there were any)?
N/A

5) What fines were levied and how much was collected?
N/A

6) How many unlicensed HMOs are known to exist but no enforcement action taken against them? What were the reasons for non-enforcement?
None. All suspected unlicensed HMO's are investigated.

7) What sort of database is held concerning potential unlicensed HMOs? Is follow up action undertaken and how often?
Microsoft Sharepoint is used to record/monitor both licensed and alleged unlicensed HMO?s. Any report of an unlicensed HMO is investigated until successful conclusion.

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Kind Regards

FOI Unit
Dumfries and Galloway Council

This email, from Dumfries and Galloway Council, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to whom they are addressed.

If you are not the intended recipient of this email (and any attachment) please inform the sender by return email and destroy all copies. If you are not the intended recipient or responsible for delivering it to the intended recipient, you are hereby notified that any use, disclosure, review, dissemination, distribution or reproduction of this email is strictly prohibited. Please be aware that communication by internet email is not secure as messages can be intercepted and read by someone else. Dumfries and Galloway Council do not accept liability for any loss or damage which may result from this email or any files attached. It is your responsibility to scan this email and any attachments for computer viruses or other defects.

Any email including its content may be monitored and used by the Council for reasons of security and form monitoring internal compliance with the policy on staff use. Email monitoring or blocking software may also be used.

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002. For further information and to view the Council’s privacy statement please go to https://www.dumgal.gov.uk/privacy