Official

Wandsworth Request for Information - 2021/4441 - Registered HMOs

I refer to your request for information received on 13/05/2021.  Please
see the information below in response to your request: -

I would like the most up to date version of the following information:

(a) Addresses of all Registered Residential HMO properties that are within
your Council's area?

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

(c) The names of the owners / licence holders of those properties?

(d) The correspondence addresses of each licence holder?

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 email 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 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: Chris Boyd <[FOI #754922 email]>
Sent: 13 May 2021 14:29
To: FOI WBC <[email address]>
Subject: Freedom of Information request - List of registered HMOs in
Wandsworth

I would like the most up to date version of the following information;

(a) addresses of all Registered Residential HMO properties that are within
your council's area

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

(c) the names of the owners/licence holders of those properties.

(d) the correspondence addresses of each licence holder.

Please share all the above in an excel format.

Yours faithfully,

Chris Boyd

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References

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