Empty Property Information
Dear Lambeth Borough Council,
Under the Freedom of Information Act (2000) I would like to request
a list of the addresses of long term empty property in the Lambeth borough area. (property empty longer than one year) with owner information. If the council can only release information on "non-individually owned property" (property owned by housing associations, businesses or the council) I would like that.
If the council will not release this information, I would like the names of all "non individuals" that own long term empty property in Lambeth, without addresses.
Please let me know if you have questions or need clarification.
Yours sincerely,
Ellen Feiss
Dear Ellen Feiss,
The Council sent you a listing of empty commercial property that was empty
for 6 months or more just 2 months ago in August
[1]http://www.whatdotheyknow.com/request/em...
Do you want to know whether there is an update to this list?
I look forward to hearing from you.
Best wishes,
FOI Team
Governance & Democracy
Phone - 0207 926 7717
Address - Room 205, Lambeth Town Hall, Brixton Hill, SW2 1RW
Email - All correspondence relating to requests to -
[2][email address]
"This email (and/or attachment) may contain information that is legally
privileged. If you have received this in error please notify the sender
immediately"
LAMBETH – the co-operative council
Dear Lambeth FOI team,
Apologies for not being clear. I would like a list of long term empty residential property in Lambeth, with the names of owners, individual and non individual.
If this is not possible, I would like a list of the addresses of all long term empty residential property in Lambeth by "non individual" owner (businesses, the council, housing associations, ect)
If this is not possible, I would like a list of the owners (individual and non individual) who own long term empty residential property in Lambeth, without address details.
If this is not possible, I would like a list of all non individuals who own long term empty residential property in Lambeth, without address details.
I requested information on empty property in August, assuming I would get information on both residential and commercial property, but was only given a commercial list. If none of my requests are met, considering that all other councils in London I've contacted have released information on 'non individually owned' long term empty residential property, I will have to request an internal review.
Yours sincerely,
Ellen Feiss
FOI Acknowledgement
Thank you for your FOI Request reference 166695.
Please quote this reference in any further correspondence pertaining to
this request. The Council anticipates responding within the statutory
period of 20 working days following the date of receipt; in this case the
due date is 28/11/12
Please note that our preferred email address to receive Freedom of
Information requests is [1][Lambeth Borough Council request email]
Thank you for your interest in Lambeth Council.
FOI Team
Governance & Democracy
[2][email address]
Phone - 0207 926 7717
Address - Room 205, Lambeth Town Hall, Brixton Hill, SW2 1RW
"This email (and/or attachment) may contain information that is legally
privileged. If you have received this in error please notify the sender
immediately"
LAMBETH– the co-operative council
Dear Ms Feiss,
Thank you for your Freedom of Information request, reference 166695.
You asked for information regarding long term empty residential property
as per your email below.
Your request for information has now been considered and unfortunately, it
is not possible to meet all of your request. In accordance with Section
17 of the Freedom of Information Act 2000, this letter acts as a Partial
Refusal Notice.
I can confirm that the Council holds the requested information. However,
we are refusing to provide an empty residential property address list
relying on the following exemptions:
Section 31(1)(a) Law Enforcement - where disclosure would prejudice the
prevention of crime.
Section 40(2) Personal Data other than that of the requestor – where
disclosure would breach the provisions of the Data Protection Act – in
relation to empty properties owned by individuals.
Section 31 – Law Enforcement, requires the Council to consider the public
interest when weighing up disclosure or withholding the requested
information. Whilst the Council recognises that there is a public interest
in enabling properties to be brought back into use, we also recognise that
there is a public interest in reducing potential criminal activity in
empty properties and also the potential for them to be squatted in. On
this basis it is the Council’s opinion that the public interest favours
maintaining this exemption and withholding the requested information.
Section 40(2) - Personal Data exemption applies, personal data is being
withheld in accordance with the first principle of the Data Protection Act
1998, disclosure under the Freedom of Information Act is a public
disclosure which may contravene the Councils obligations under the Data
Protection Act.
We are aware of the decision of the First Tier Tribunal EA/2011/0007
(London Borough of Camden). This case saw the FTT overturn the
Information Commissioner’s earlier decision not to disclose.
In considering your request, the FTT decision above, the Information
Commissioner’s view in addition to the Housing Minister Grant Shapps view
as reported in the press one day after the FTT decision:
Extract from:
[1]http://www.dailymail.co.uk/news/article-...
Squatters evicted from home of doctor and pregnant wife invade plush new
property just 300 yards away
“The judge said: ‘I understand, as I live in North London, that this sort
of occupation is becoming slightly prevalent. 'And I understand that it
is up to the courts to nip that in the bud.’
After the hearing at Central London County Court, an emotional Dr
Cockerell said: ‘The judge was extremely helpful and he saw justice was
done. Common sense prevailed.’
The ruling came a day after Judge Fiona Henderson controversially declared
squatters should be encouraged, as they bring empty homes back into use in
Camden, North London.
Dr Cockerell, 49, whose new home is in the borough of Camden, criticised
Judge Henderson, saying:
‘To claim squatting is a social good is a complete nonsense.
'You can’t have a situation where homeowners fear leaving their property
empty for a few days as someone will effectively steal in.
Housing Minister Grant Shapps applauded the ruling. He said the Government
was ‘looking to slam the door on so-called squatters’ rights’ and was
‘consulting’ on whether to make squatting a criminal offence.”
From 1 September 2012
Squatting in a residential property became a criminal offence from 1
September 2012. Squatters can be arrested and, if convicted, can be sent
to prison for up to 6 months or fined up to £5,000, or both.
After careful thought we believe that the prevalence of squatting is
sufficiently different to distinguish the Borough of Lambeth from that of
Camden and as such are of the belief that the exemptions cited above
apply.
In the alternative you requested a list of all owners of long term empty
residential property. The names of individual property owners are exempt
from disclosure under S40(2) as described above. The attached document
therefore lists the names of companies and other bodies which are
currently held to be liable as the owners of long term empty residential
properties.
If you are dissatisfied with the way in which your Freedom of Information
request has been dealt with you can request an internal review. Tell us
why you are unhappy with our response within 40 working days, and it will
be looked at afresh. We will aim to provide you with our review response
within 20 working days.
By email: [2][Lambeth Borough Council request email] (Please quote the reference number above)
or by writing to:
Information Compliance Advisor (Solicitor)
Legal Services
Lambeth Town Hall
Brixton Hill
Brixton
SW2 1RW
If you remain dissatisfied with the outcome of the review you have a
further right to appeal to the Information Commissioner, who regulates the
implementation of the Freedom of Information Act. The Commissioner can be
contacted at the following address:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Enquiry line: 0303 123 1113
Thank you for your interest in Lambeth Council.
Best regards,
Greg Sinclair
Client Performance Manager
RBCS Client Management
Finance and Resources
London Borough of Lambeth
phone: 020 7926 9853
fax: 020 7926 0801
email: [3][email address]
website: [4]www.lambeth.gov.uk
Olive Morris House
18 Brixton Hill
London SW2 1RL
Lambeth – the cooperative council
Sender: Ellen Feiss
Recipients: FoI;
Subject: RE: Freedom of Information request - Empty Property Information
Body:
Dear Lambeth FOI team,
Apologies for not being clear. I would like a list of long term
empty residential property in Lambeth, with the names of owners,
individual and non individual.
If this is not possible, I would like a list of the addresses of
all long term empty residential property in Lambeth by "non
individual" owner (businesses, the council, housing associations,
ect)
If this is not possible, I would like a list of the owners
(individual and non individual) who own long term empty residential
property in Lambeth, without address details.
If this is not possible, I would like a list of all non individuals
who own long term empty residential property in Lambeth, without
address details.
I requested information on empty property in August, assuming I
would get information on both residential and commercial property,
but was only given a commercial list. If none of my requests are
met, considering that all other councils in London I've contacted
have released information on 'non individually owned' long term
empty residential property, I will have to request an internal
review.
Yours sincerely,
Ellen Feiss
Disclaimers apply for full details see
http://www.lambeth.gov.uk/EmailDisclaime...
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References
Visible links
1. http://www.dailymail.co.uk/news/article-...
2. mailto:[Lambeth Borough Council request email]
mailto:[Lambeth Borough Council request email]
3. mailto:[email address]
4. http://www.lambeth.gov.uk/
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