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HMO list request

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Dear Manchester City Council,

Please can you provide me with the following information under the
Freedom Of Information Act :-

(a) addresses of all Registered Residential HMO properties that are
within your councils area; and

(b) the maximum number of occupants that each property
referred to in (a) is licensed to hold

(b) the last actual registered number of occupants that each
property referred to in (a) holds

(c) the date each of the properties in (a) was first registered as
HMO

(d) the names of the owners/licence holders of those properties
referred to in (a)

Yours faithfully,
Sikhumbuzo Mlala ([email address])

Information Compliance, Manchester City Council

Dear Mr Miala
Re: Request for Information - Reference No: GAN/AVCDM8
Thank you for your request for information received by Manchester City
Council on 24th January 2018.
Please note that it may take up to 20 working days (21st February 2018) or
the Council to consider your request and to provide a formal response.   
If this timescale needs to be extended to consider an exemption you will
be notified and kept informed. 
If you have any queries, please do not hesitate to contact me. 
Yours sincerely
Cath Cryer
Democratic Services
PO Box 532
Town Hall
Manchester
M60 2LA
Email:  [1][Manchester City Council request email]
Website:  [2]www.manchester.gov.uk

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References

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1. mailto:[Manchester City Council request email]
2. http://www.manchester.gov.uk/
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4. mailto:[email address]

Manchester City Council

2 Attachments

Dear  Sikhumbuzo Mlala

Request for Information - No.404 GAN/AVCDM8

Thank you for your request for information, which was received by
Manchester City Council on 24 January 2018. Your request has been
considered under the provisions of the Freedom of Information Act 2000
(FoIA).  I set out below your request for information and the Council’s
response.

In your request you asked for the following information: Please can you
provide me with the following information under the Freedom Of Information
Act :-

(a) addresses of all Registered Residential HMO properties that are within
your councils area; and

(b) the maximum number of occupants that each property referred to in (a)
is licensed to hold

(b) the last actual registered number of occupants that each property
referred to in (a) holds

(c) the date each of the properties in (a) was first registered as HMO

(d) the names of the owners/licence holders of those properties referred to
in (a)

In response:

(See attached file: 10.01.18 HMO_Full_Register.pdf)

The Council does not hold a register of all HMO's in the city. Properties
that meet the requirements under the Housing Act 2004 for Mandatory HMO
licensing are recorded on a public register. The HMO Licensing Register is
attached above. It includes the he maximum number of occupants that each
property is licensed to hold. It also includes the licensed premises
addresses, the licensed holder's address and the managing agent's address
(if applicable). However, it does not include the owner's address. You will
appreciate that FoIA is applicant and purpose blind. The main consideration
is whether or not the requested information is capable of release to the
world at large, regardless of the motives or interest of the person or
organisation making the actual request. After carefully considering your
request I am satisfied that the information you are seeking is exempt from
disclosure under exemption Section 40(2) of the Act, sub-section 40
(3)(a)(i).  and should not be released into the ‘public domain’.

Section 40 – Third Party Information

40.— Personal information.

(2) Any information to which a request for information relates is also
exempt information if—

(a) It constitutes personal data which do not fall within subsection (1),
and

(b) Either the first or the second condition below is satisfied.

(3) The first condition is—

(a) in a case where the information falls within any of paragraphs (a) to
(d) of the definition of “data” in section 1(1) of the Data Protection Act
1998, that the disclosure of the information to a member of the public
otherwise than under this Act would contravene—

(i) Any of the data protection principles

A public authority can only disclose personal data in response to an FoIA
request if to do so would be fair, lawful and meet one of the conditions in
Schedule 2 of the Data Protection Act 1998 (and in the case of sensitive
personal data, a condition in Schedule 3).  Upon review of the requested
information, I am satisfied that it includes personal data of third parties
and that releasing this data would not be fair or lawful. This exemption is
not subject to the public interest test.

Section 232 of the Housing Act 2004 requires that the Council maintains a
public register of all licences granted. The Act says that  the authority
must ensure it is available at our head office for inspection. If you would
like to view the register please contact the Housing Enforcement and
Compliance team at [email address], or 0161 235 5500 to make
an appointment.

The Council also provides a facility on its website to allow individual
addresses to be searched to obtain the required licence information
http://www.manchester.gov.uk/hmoregister.

In respect of  'the last actual registered number of occupants that each
property referred to in (a) holds' -
The Council does not record actual numbers of occupants in a property. When
a property is inspected as part of the HMO licence process we determine the
maximum numbers occupants suitable based on space in the property and
amenity provisions provided. There maybe instances when occupancy levels
fall below the maximum permitted numbers, however this is not a
consideration as part of the licensing process and therefore not recorded.
If a property was to be identified as having more occupants than
permitted on the HMO licence a prosecution would be undertaken for breach
of licence conditions.

In respect of (d) the date each of the properties in (a) was first
registered as HMO -
Please find the requested information in the attached document.

(See attached file: Mandatory HMO Report First Licenced.xls)

Please  note if you are not satisfied with this response you may ask for an
internal review. If you wish an internal review to be undertaken you should
contact  the  Democratic Services Legal Team, whose address is, PO Box 532,
Town Hall, Manchester, M60 2LA, email:
[Manchester City Council request email] in the first instance. A copy of
the Council’s access to information complaints procedure can be downloaded
fromhttp://
www.manchester.gov.uk/downloads/download...

If you do not have internet access and require a paper copy, please let me
know.

If you are not content with the outcome of the internal review process, you
have the right to apply directly to the Information Commissioner for a
decision.

The Information Commissioner can be contacted at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 01625 545700
Fax: 01625 524510
www.informationcommissioner.gov.uk

Please remember to quote the reference number above in any future
communications.

Emma Broadbent
Compliance & Enforcement Specialist
Housing Compliance & Enforcement Team
Growth and Neighbourhoods Directorate
Manchester City Council

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