Official

 

Wandsworth Request for Information - 2022/5804 - List of HMO

 

I refer to your request for information received on 01/04/2022.  Please
see the information below in response to your 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; 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)

 

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 Freedom of Information, 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 £50, 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 Freedom of Information Act 2000,
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 Freedom of Information Act 2000, please accept
this email as a refusal notice issued under Section 17 of the FOI Act
2000.

 

If you are dissatisfied with the information provided in relation to your
request you may make representations to the Information and Transparency
Manager. Any such request for an internal review should be made within 40
days from today's date. Correspondence should be addressed to:
[3][email address]

 

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
at: [4]https://ico.org.uk/global/contact-us/

 

 

Regards

 

FOI and DPA Officer

[5][email address]

 

From: Gustavo Mathias <[FOI #850668 email]>
Sent: 01 April 2022 12:58
To: FOI WBC <[email address]>
Subject: Freedom of Information request - List of HMO within Wandsworth
borough 2022

 

Dear Wandsworth Borough Council,

 

Dear Sir or Madam,

 

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,

 

G Mathias

 

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