Failed HMO licenses

The request was successful.

Dear City of Edinburgh Council,

Under the Freedom of Information Scotland Act 2002 I seek the following information about HMO licensing:

1. How many properties have been found to house more tenants than its HMO license permits

2. Of which properties on how many occasions were tenants forced to move out of their dwelling

I would prefer to receive this information electronically.

If the decision is made to withhold some of this data using exemptions in the Data Protection Act, please inform me of that fact and cite the exemptions used.

If you need any clarification then please do not hesitate to contact me. Under Section 16 it is your duty to provide advice and assistance and so I would expect you to contact me if you find this request unmanageable in any way.

I would be grateful if you could confirm in writing that you have received this request, and I look forward to hearing from you within the 20-working day statutory time period.

Yours faithfully,

Jonathan Davis

Freedom of Information, City of Edinburgh Council

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City of Edinburgh Council

Our ref: 2919

Dear Mr Davis

Freedom of Information (Scotland) Act 2002 - Acknowledgement of Request

Subject: Failed HMO licenses

Thank you for your request for information which was received on 06/03/2014. Your request is being dealt with under the Freedom of Information (Scotland) Act 2002.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information will be made available through the Council’s website and will not include your personal details. The disclosure log is available at the following link: http://www.edinburgh.gov.uk/info/20249/d...

You will receive the information requested within 20 working days unless the Council does not hold the information, or there is a reason for it to be withheld. We will write to you in any event.

In some circumstances a fee may be payable and if that is the case we will let you know. A fees notice will be issued to you. If you agree to pay the fee an invoice will be sent to you and the information will be provided.

If you have any requirements regarding the format any information should be supplied in, e.g. the language to be used, audio, large print and so on, then please let me know.

If you have any queries or concerns, do not hesitate to get in touch. Please remember to quote the above reference number in any future communications.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information will be made available through the Council’s website and will not include your personal details. The disclosure log is available at the following link: http://www.edinburgh.gov.uk/info/20249/d...

Your right to seek a review

If you are unhappy with the way we have dealt with your request, you can ask us to review our actions and decisions by writing to the the Head of Legal Risk and Compliance, The City of Edinburgh Council, Waverley Court Business Centre 2:1, 4, East Market Street, Edinburgh, EH8 8BG or email: legal.[Edinburgh City Council request email]

Please note that your request must be in a recordable format (email, letter, audio tape etc.), and that you have 40 working days upon receipt of this letter to ask for a review. You will receive a full response to your review request within 20 working days of its receipt. Please remember to quote the above reference number in any future communications.

If you are not content with the outcome of the review, you can ask the Scottish Information Commissioner to review our decision. You must submit your complaint to the Commissioner within 6 months of receiving our review response. The Commissioner can be contacted at:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
Website www.itspublicknowledge.info
E-mail: [email address]

Further information about your rights and accessing information is available on our website at: www.edinburgh.gov.uk

Yours sincerely,

Records & Information Compliance Unit

Records & Information Compliance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

City of Edinburgh Council

Mr Jonathan Davis

[FOI #200609 email]

Our ref: 2919

Dear Mr Davis

Freedom of Information (Scotland) Act 2002 - Release of Information

Subject: Failed HMO licenses

Thank you for your request for information which has been dealt with under the terms of the Freedom of Information (Scotland) Act 2002. Your request for information has been considered and the information is enclosed.

You asked the following;

Q1. How many properties have been found to house more tenants than its HMO license permits?

A1. In the period 01/01/2013 to 31/12/2013 there were 3 cases where it was reported that an HMO property had exceeded their occupancy.

Q2. Of which properties on how many occasions were tenants forced to move out of their dwelling?

A2. The outcome of the cases are:
• In one case it was found that property was being unlawfully sublet and the agent informed their tenant of the breach. The case was resolved without the need for further formal action by the agent.

• In one case we engaged with the client and based on the additional information that they provided we resolved the enquiry without the need for further investigation.

• In one case the tenants had been removed by the agent due to problems behaviour with the tenants before it could establish if the property was over occupied.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information will be made available through the Council’s website and will not include your personal details. The disclosure log is available at the following link: http://www.edinburgh.gov.uk/info/20249/d...

Your right to seek a review

If you are unhappy with the way we have dealt with your request, you can ask us to review our actions and decisions by writing to the Head of Legal Risk and Compliance, The City of Edinburgh Council, Waverley Court Business Centre 2:1, 4, East Market Street, Edinburgh, EH8 8BG or email: legal.[Edinburgh City Council request email]

Please note that your request must be in a recordable format (email, letter, audio tape etc.), and that you have 40 working days upon receipt of this letter to ask for a review. You will receive a full response to your review request within 20 working days of its receipt. Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of the review, you can ask the Scottish Information Commissioner to review our decision. You must submit your complaint to the Commissioner within 6 months of receiving our review response. The Commissioner can be contacted at:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
Website www.itspublicknowledge.info
E-mail: [email address]

Yours sincerely,

Clayton Pratt
Information Compliance Officer

Records & Information Compliance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk