Public

Request for Information - 2019/1991 - HMO register

Thank you for your request for information received on 08/11/2019.

This will be processed in accordance with the appropriate access to
information regime.

Regards

FOI and DPA Officer
[1][email address]

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References

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Public

Request for Information - 2019/1991 - HMO register

I refer to your request for information received on 08/11/2019. Please see
the information below in response to your request: -

Can you please provide me with an up to date version of your HMO Register
under the Freedom of Information Act that includes:

1) the address of the licensed HMO properties within your councils area.

2) the owner of the HMO property

3) expiry of HMO license for each property

4) the date the HMOs licenses were registered.

Please note that the information you have requested under FOI is available
on request under the Housing Act 2004 Section 232, which states that every
local housing authority must maintain a register of licences for houses in
multiple occupation (HMO).  The register must contain prescribed
particulars (which, by virtue of SIs 2006 No.373 and 2007 No.1903, include
the name and address of the licence holder), it must be made available for
inspection and a copy of the register (or an extract) must be supplied,
subject to payment of a fee, on request.

Therefore, the information you have requested is technically exempt from
disclosure under FOI, due to our obligations under Section 232 of the
Housing Act 2004.  ICO guidance is that the Council should treat all
requesters equally, and the Council should only disclose information under
FOI, if the Council would disclose it to anyone else who asked, therefore
release of information under FOI should be considered as if it were being
released to someone who requested a copy of the HMO Register and paid the
required fee.

We would therefore advise that you email:
[1][email address] to arrange a viewing of the register
or to request certified copies of the register as per your right to do so
under the Housing Act 2004.  The required fee for a copy of the register
is £48, although there is no charge made to see the register, providing no
attempt is made to copy it.

In accordance with Section 16(1) of the FOI Act, the Council has a duty to
provide advice and assistance to you, as far as it is reasonable to do
so.  Therefore I would advise you that the HMO register with the premises
address, date of issue and date of expiry but with the personal data such
as the licensee’s name not included is available on the Council’s website
at [2]www.wandsworth.gov.uk/hmo

As the Council are refusing to disclose the information requested to you
under Section 21 of the FOI Act, please accept this letter as a refusal
notice issued under Section 17 of the FOI Act.

If you are dissatisfied with the information provided in relation to your
request you may make representations to the Chief Executive. Any such
request for an internal review should be made within 40 working days from
today’s date. Correspondence should be addressed to: 

Room 162, Wandsworth Town Hall, Wandsworth High Street, London, SW18 2PU

If you are not content with the outcome of the internal review, 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

Regards

Liam Cooper
FOI & DPA Officer
Serving Richmond and Wandsworth Council

020 8871 8800
+ [3][email address]

[4]www.richmond.gov.uk / [5]www.wandsworth.gov.uk

From: Rhys Foster <[FOI #618368 email]>
Sent: 08 November 2019 12:03
To: FOI WBC <[email address]>
Subject: Freedom of Information request - HMO Register

Dear Wandsworth Borough Council,

Can you please provide me with an up to date version of your HMO Register
under the Freedom of Information Act that includes:

1) the address of the licensed HMO properties within your councils area.

2) the owner of the HMO property

3) expiry of HMO license for each property

4) the date the HMOs licenses were registered.

Yours faithfully,

Rhys Foster

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IMPORTANT:
This email and any of its attachments are intended solely for the use of
the individual or entity to whom they are addressed. If you have received
this message in error you must not print, copy, use or disclose the
contents to anyone. Please also delete it from your system and inform the
sender of the error immediately. Emails sent and received by Richmond and
Wandsworth Councils are monitored and may be subsequently disclosed to
authorised third parties, in accordance with relevant legislation.

References

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2. https://urldefense.proofpoint.com/v2/url...
3. mailto:[email address]
4. http://www.richmond.gov.uk/
5. http://www.wandsworth.gov.uk/
6. mailto:[FOI #618368 email]
7. mailto:[Wandsworth Council request email]
8. https://www.whatdotheyknow.com/change_re...
9. https://www.whatdotheyknow.com/help/offi...
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