Empty Property Information

The request was partially successful.

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

FoI, Lambeth Borough Council

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

 

 

show quoted sections

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, Lambeth Borough Council

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

 

 

show quoted sections

Sinclair, Greg, Lambeth Borough Council

1 Attachment

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

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References

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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/