HMO Register 2018

Response to this request is long overdue. By law, under all circumstances, Selby District Council should have responded by now (details). You can complain by requesting an internal review.

Dear Selby District Council,

"I searched on your website and couldn't find a copy of your 2018 HMO Licence Register as prescribed under the Housing Act 2004 s.232 (1) and the information that is required to be maintained within the register is described in the The Licensing and Management of Houses in Multiple occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006.

The latter is extracted here for convenience:

Registers of Licences

11.—(1) The following particulars are prescribed for each entry in a register established and maintained under section 232(1)(a) of the Actin respect of a licence granted under Part 2 (HMOs) or 3 (selective licensing) of the Act which is in force—

(a) HMO Property Address
(b) HMO Licence Holder(s) Full Name
(c) HMO Licence Holders Correspondence Address
(d) HMO Managers Name
(e) HMO Managers Address
(f) A short description of the licensed HMO or house;
(g) A summary of the conditions of the licence;
(h) Date of Licence Commencement
(I) Date of Licence Expiry
(j) Duration of Licence
(k) Licence Number
(l) Number of Households
(m) Maximum Number of Occupants
(n) Number of Units/Bedrooms
(o) Number of Self Contained Units
(p) Number of Non Self Contained Units
(q) Number of Storeys
(r) Number of Kitchens
(s) Number of Reception
(t) Number of Bathrooms
(u) Number of Separate WCs

A reply using Excel format would be very helpful.

Thanks very much in advance."

Yours faithfully,

Mr wallace

info@selby.gov.uk, Selby District Council


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Freedom of information administration, Selby District Council

4 Attachments

Good Morning

 

Please find attached acknowledgement letter for your recent Freedom of
Information request.

 

Kind regards,

 

 

 

Freedom of information administration

Freedom of Information Administration

 

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 Selby District Council, Civic Centre, Doncaster Road, Selby, YO8 9FT.
 

 

The information in this e-mail, and any attachments, is confidential and
may be subject to legal
professional privilege. It is intended solely for the attention and use of
the named addressee(s). Its
contents do not necessarily represent the views or opinions of Selby
District Council. If you are not the
intended recipient please notify the sender immediately. Unless you are
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References

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Simon Parkinson, Selby District Council

3 Attachments

Dear Mr Wallace

 

Freedom of Information request - HMO licensing registers

 

Thank you for your email dated  30 October 2018 in which you request
information in relation to the above.

 

The Council is dealing with your request under the Freedom of Information
Act 2000 (FOI) and I can confirm that the Council holds the information
requested.

 

Pursuant to section 17 of the FOI, the Council must advise an applicant
whether any particular exemptions apply to the provision of the
information sought and the reasons for this.  The Council is of the view
that section 21 of the FOI applies to the information that you are
seeking.  Under section 21 of the FOI the Council does not have to supply
the information requested if it is reasonably accessible to you.

 

The Council must maintain a register of licences for HMOs which is
available on request under the Housing Act 2004 (section 232).  I can
advise that the Council has currently licensed five HMOs.

 

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) (subsection(3)), it must be made available for inspection
(subsection (4)) and a copy of the register (or an extract) must be
supplied, subject to payment of a fee, on request (subsection (5)).

 

Consequently, the information you have requested is technically exempt
from disclosure under the FOI, due to our obligations under section 232 of
the Housing Act 2004.

 

The Council’s duty under the legislation is to provide a copy of the
register and the Council is of the view that this would be a lawful
disclosure.  However, the requirement under the Housing Act is to provide
a copy of the register on request there is no obligation to make it
available electronically to the world at large.  In order to access the
full Register of House in Multiple Occupation licences, the Council
requires proof of identity of the requester and a signed acceptance form
that the data shall be used only for personal, educational or
non-commercial purposes as use for commercial purposes is not permitted.

 

This email should therefore be treated as a refusal notice under section
17 of the FOI for the information not disclosed.

 

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of our decision,
you should write to Gillian Marshall, Solicitor to the Council.

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision. Generally, the
Information Commissioner cannot make a decision unless you have exhausted
the complaints procedure provided by Selby District Council. The
Information Commissioner can be contacted at: The Information
Commissioner’s Office, Wycliffe House, Water Lane, Wimslow, Cheshire, SK9
5AF.

 

 

Kind regards

 

Simon Parkinson

 

 

Simon Parkinson

Private Sector Housing Officer

 

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 Selby District Council, Civic Centre, Doncaster Road, Selby, YO8 9FT.
 

 

The information in this e-mail, and any attachments, is confidential and
may be subject to legal
professional privilege. It is intended solely for the attention and use of
the named addressee(s). Its
contents do not necessarily represent the views or opinions of Selby
District Council. If you are not the
intended recipient please notify the sender immediately. Unless you are
the intended recipient, or
his/her representative, you are not authorised to, and must not, read,
copy, distribute, use or retain
this message or any part of it.

 

References

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