Number of properties investigated/ fined for violating Section 44 of the Deregulation Act during the 2016/2017 year

The request was partially successful.

Dear Lewisham Borough Council,

I am looking to obtain data related to the number of short-term let (Airbnb) properties that have been investigated by your council for potentially violating Section 44 of the Deregulation Act during the 2016-2017 year.

I would also like to obtain data of the number of properties that were fined for violating Section 44 of the Deregulation Act during the 2016-2017 year.

Yours faithfully,

Heather Kroeker

Foi, Customer, Lewisham Borough Council

Dear Ms Kroeker,

Re: Freedom of Information Act 2000
Environmental Information Regulations 2004
Reference No: 447463

Thank you for your recent request for information from the London Borough of Lewisham. Your request is being handled under either the Freedom of Information Act 2000 or the Environmental Information Regulations 2004.

Your request is being considered and you will receive a response within the statutory timescale of 20 working days, subject to the application of any exemptions/exceptions. Where consideration is being given to exemptions/exceptions, the 20 working day timescale may be extended to a period considered reasonable depending on the nature and circumstances of your request. In such cases you will be notified and, where possible, a revised time-scale will be indicated. In all cases we shall attempt to deal with your request at the earliest opportunity.

There may be a fee payable for the retrieval, collation and provision of the information requested where the request exceeds the statutory limit or where disbursements exceed £10. In such cases you will be informed in writing and your request will be suspended until we receive payment from you or your request is modified and/or reduced.

Your request may require either full or partial transfer to another public authority. You will be informed if your request is transferred. If we are unable to provide you with the information requested we will notify you of this together with the reason(s) why and details of how you may appeal (if appropriate). Please note that the directorate team may contact you for further information where we believe that the request is not significantly clear for us to respond fully.

Kind Regards,

Corporate Complaints and Casework Team

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Foi, Customer, Lewisham Borough Council

Dear Mr Kroeker

 

Re: Freedom of Information Act 2000

 

Thank you for your request for information held by London Borough of
Lewisham. I have included below a copy of your request, followed by the
Council’s response (next to each heading).

 

I am looking to obtain data related to the number of short-term let
(Airbnb) properties that have been investigated by your council for
potentially violating Section 44 of the Deregulation Act during the
2016-2017 year.

 

We confirm that the requested information requested above is not held as
Lewisham Council do not flag up cases that are specifically about short
term lets.

 

We consider that the specific level of data you requested cannot be
retrieved by way of a reasonable search in the relevant electronic
database, we therefore, confirm that the requested information is not
held. The Information Commissioner’s Office offers guidance on determining
if information is held or not at the following link:

[1]http://www.ico.gov.uk/upload/documents/l...

 

We consider that the requested information is not held because:

1.    The requested information is not held in the form of a list or
schedule;

2.    Compiling the requested information does not involve a simple manual
manipulation of information held in files;

3.    The requested information cannot be extracted from an electronic
database by searching it in the form of a query.

 

 

I would also like to obtain data of the number of properties that were
fined for violating Section 44 of the Deregulation Act during the
2016-2017 year.

 

The Council does not have powers to ‘fine’ people for short term lets, as
only the Courts have this power, after a Planning Enforcement Notice has
not been complied with.

 

We hope you will find this information helpful.

 

You are free to use the information provided for your own purposes,
including any non-commercial research you are doing and for the purposes
of news reporting. Any other re-use, for example commercial publication,
requires the permission of the copyright holder. You may apply for
permission to re-use this information by submitting a request to
[2][email address]

 

You have a right of appeal against this response which you can exercise by
writing to: Information Governance – 1st floor Town Hall Chambers,
Catford, London. SE6 4RU. Or at: [3][email address]

 

This must be requested within 40 working days of the date of this
response.

 

If you remain dissatisfied after receiving this decision, you then also
have a further right of appeal, which you can make in writing, stating
your reasons to the regulating body, the Information Commissioner's
Office. Contact details are outlined below:

 

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

 

Telephone: 0303 123 1113.

 

Address: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

 

Yours sincerely

 

Davina

Corporate Complaints

 

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