HMO Properties in Aberdeen

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Reference: FOI-377700601
Date of request: 10/11/2021
Title of request: HMO Properties in Aberdeen

Dear Kizzy Jugon,

Thank you for your completing your Freedom of Information Request.

We aim to answer all requests within 20 working days.

You will receive a response via email and an update in [1]your self-serve
account.

For information about how we handle your request please see our [2]Freedom
of Information privacy notice.

For information about your appeal rights please see [3]Freedom of
Information reviews and appeals.

Kind regards

Access to Information Team
Aberdeen City Council | Customer Development | Customer Experience |
Customer
Marischal College | Broad Street | Aberdeen | AB10 1AB
[4]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

Your personal data is very important to us. Please refer to [5]information
on why and how we use your data.

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

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1. https://integration.aberdeencity.gov.uk/...
2. https://www.aberdeencity.gov.uk/your-dat...
3. https://www.aberdeencity.gov.uk/services...
4. https://www.aberdeencity.gov.uk /
5. https://www.aberdeencity.gov.uk/your-dat...

Reference: FOI-377700601
Date of request: 10/11/2021
Title of request: HMO Properties in Aberdeen
Information request:

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;

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

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

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

e) the names of the owners/licence holders of those properties referred to
in (a) and the correspondence address OR the registered "licence holder
address" of the owners referred to

Please share all the above in a PDF, CSV, or excel format.

Dear Kizzy Jugon,

Thank you for your information request. We have completed the necessary
search for the information requested. Our response is now detailed below.

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;

The Council is obliged by law (S.160, Part 5, Housing (Scotland) Act 2006,
as amended) to keep a register containing information about HMO licences
in its area. This legislation specifies 1) the information that local
authorities must provide, and 2) gives local authorities the discretion to
provide "other information as it thinks fit". Aberdeen City Council
maintains an online 'real-time' register which can be accessed
at: [1]Register of HMO Licence Applications and HMO Licences
(aberdeencity.gov.uk)

As this information is available on our website it is exempt from
disclosure. In order to comply with its obligations under the terms of
Section 16 of the FOISA, we are informing you that we are refusing your
request under the terms of Section 25(1) in conjunction with Section 25(3)
- Information Otherwise Accessible - of the FOISA.

The register requires to be searched individually but an Excel spreadsheet
is attached which shows information about 1) HMO licences which are in
force on a given day (25.11.2021). This spreadsheet is only accurate on
this day for the reason that HMO licences expire and new HMO licences are
granted on a daily basis.

Please see the attached spreadsheet which shows the addresses of the
HMO-licenced properties on the given search day (25/11/2021).

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

Please refer to the attached spreadsheet which shows the maximum occupancy
for the HMO properties as stated on the HMO licence certificates.

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

We do not hold this information as there is no legal requirement for the
landlords to disclose the number of occupants of their HMO-licensed
properties.

We are unable to provide you with information on the number of occupants
that each property holds. In order to comply with its obligations under
the terms of Section 17 of the FOISA, we are informing you that we do not
hold this information.

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

Aberdeen City Council maintains an online 'real-time' register which can
be accessed at: [2]Register of HMO Licence Applications and HMO Licences
(aberdeencity.gov.uk)

This information is not shown on the attached spreadsheet but is available
by searching the online register.

As this information is available on our website it is exempt from
disclosure. In order to comply with its obligations under the terms of
Section 16 of the FOISA, we are informing you that we are refusing your
request under the terms of Section 25(1) in conjunction with Section 25(3)
- Information Otherwise Accessible - of the FOISA.

e) the names of the owners/licence holders of those properties referred to
in (a) and the correspondence address OR the registered "licence holder
address" of the owners referred to

Aberdeen City Council maintains an online 'real-time' register which can
be accessed at: [3]Register of HMO Licence Applications and HMO Licences
(aberdeencity.gov.uk). This register shows the names of the licence
holders of HMO properties.

As this information is available on our website it is exempt from
disclosure. In order to comply with its obligations under the terms of
Section 16 of the FOISA, we are informing you that we are refusing your
request under the terms of Section 25(1) in conjunction with Section 25(3)
- Information Otherwise Accessible - of the FOISA.

The attached spreadsheet also shows the name/s of the HMO licence-holder/s
and the name of the managing agent (if there is one) for each HMO-licenced
property. The online register does not shows their addresses for the
reason that S.160 of the 2006 Act does not require local authorities to
provide same. 

We are unable to provide you with information on the addresses of the
license holders as this is considered third party personal data.

We are of the opinion that Section 38(1)(b) applies to your request as the
information in question is personal information relating to living
individuals, who can be identified from it.

Further, Section 38(2)(a)(i) applies, as we consider that disclosure of
this information would be a breach of the first Data Protection Principle
(that personal information must be processed fairly and lawfully).

We handled your request for information in accordance with the provisions
of the Freedom of Information (Scotland) Act 2002.

If you are dissatisfied with the way we have handled your request or the
content of it, you are entitled to ask for an appeal. You can do this from
your [4]Aberdeen City Council self service account.

For more information on your right to review, please visit [5]Freedom of
Information Review and Appeals.

We hope this helps with your request.

Kind regards

Access to Information Team
Aberdeen City Council | Customer Development | Customer Experience |
Customer
Marischal College | Broad Street | Aberdeen | AB10 1AB
[6]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

Your personal data is very important to us. Please refer to [7]information
on why and how we use your data.

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. https://online.aberdeencity.gov.uk/servi...
2. https://online.aberdeencity.gov.uk/servi...
3. https://online.aberdeencity.gov.uk/servi...
4. https://integration.aberdeencity.gov.uk/...
5. https://www.aberdeencity.gov.uk/services...
6. https://www.aberdeencity.gov.uk /
7. https://www.aberdeencity.gov.uk/your-dat...