Private landlord registrations

Nick Bailey made this Freedom of Information request to Aberdeen City Council

This request has been closed to new correspondence. Contact us if you think it should be reopened.

Waiting for an internal review by Aberdeen City Council of their handling of this request.

Dear Aberdeen City Council,

I would be grateful if you could provide a count of the number of registered private rental properties in each Datazone in the city.

Yours faithfully,

Nick

Foi Enquiries, Aberdeen City Council

Dear Nick

Thank you very much for your email of 21 July 2017.

We are writing to advise that we are unable to process your information request under the Freedom of Information (Scotland) Act 2002 (FOISA) as you have not provided a full contact name.

Under Section 8(1)(b) of the FOISA, an information request must include the full name of the Applicant. Please refer to the Scottish Information Commissioner's guidance for further information:

http://www.itspublicknowledge.info/FAQ/G...

Please note that we will keep your email on file for one month. If you have any queries about this, please don't hesitate to contact us.

Please could you also clarify what you mean by datazone?

We look forward to hearing from you,

Yours faithfully,

Information Compliance Team

FURTHER INFORMATION

Requesting an Internal Review
ACC hopes that you are satisfied with the response to your information request. If you are not satisfied with the response to your request for information, or the way in which your request has been handled, you may request that ACC review our response. You should do this 40 working days after receipt of this information. To request a review, please write to or email us at:

Information Compliance Team
Communications and Promotion
Office of Chief Executive
Aberdeen City Council
3rd Floor North
Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

Email: [Aberdeen City Council request email]

Your request for review must include:

● your name and address (an email address is fine)
● the reference number for your original request for information
● your reason(s) for requesting a review

Appealing to the Scottish Information Commissioner for a decision
If you are not satisfied with the outcome of your request for an internal review, you can apply directly to the Office of the Scottish Information Commissioner (OSIC) for a decision. Generally, OSIC cannot make a decision unless you have been through the ACC’s review procedure. To make an application to OSIC, please write or email OSIC at:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews Fife
KY16 9DS
www.itspublicknowledge.info

An application to OSIC must be made in writing within six months of receipt of ACC’s Review Decision Notice. When applying to OSIC for a decision you should give your name and address for correspondence. Please note that OSIC will not be able to investigate if you have not used your real name to make your information request. You must also specify:

● which request for information your requirement for review relates to
● the reason that you asked ACC to carry out a review of your request
● the reason why you are not satisfied with ACC's review outcome decision

The Commissioner will contact ACC and invite its comments on your application. Thereafter (if no settlement has meantime been reached), the Commissioner must reach a decision within 4 months of receiving your application, or within such other period as is reasonable. You will receive written notice of the outcome of the Commissioner’s decision.

Should you wish to appeal against the Scottish Information Commissioner's decision, there is an appeal to the Court of Session on a point of law only. Any such appeal must be made within 42 days after the date of the decision has been issued.

Information Compliance Team
Communications and Promotion
Office of Chief Executive
Aberdeen City Council
3rd Floor North
Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[Aberdeen City Council request email]

Tel 03000 200 292

*03000 numbers are free to call if you have ‘free minutes’ included in your mobile call plan.
Calls from BT landlines will be charged at the local call rate of 10.24p per minute (the same as 01224s).

www.aberdeencity.gov.uk

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Dear Foi Enquiries,

My apologies for the incomplete enquiry.
1. My full name is Nick Bailey.
2. Datazones are standard geographical areas constructed by Scottish Government and used across Scotland for the production of statistics for local areas as, for example, in the Scottish Index of Multiple Deprivation.

Yours sincerely,

Nick Bailey

Foi Enquiries, Aberdeen City Council

Dear Mr Bailey,

Information enquiry reference EIR-17-1044

Thank you for clarifying your request.

The scheduled date for our response to your request for information is on or before 21 August 2017.

Please do not hesitate to contact us should you have any queries in the meantime.

Yours sincerely,

Information Compliance Team
Customer Service
Corporate Governance
Aberdeen City Council
3rd Floor North
Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[Aberdeen City Council request email]

Tel 03000 200 292

*03000 numbers are free to call if you have ‘free minutes’ included in your mobile call plan.
Calls from BT landlines will be charged at the local call rate of 10.24p per minute (the same as 01224s).

www.aberdeencity.gov.uk

show quoted sections

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Bailey,

 

Thank you for your information request of 21 July 2017.  Aberdeen City
Council (ACC) has completed the necessary search for the information
requested.

 

I would be grateful if you could provide a count of the number of
registered private rental properties in each Datazone in the city.

 

Datazones are standard geographical areas constructed by Scottish
Government and used across Scotland for the production of statistics for
local areas as, for example, in the Scottish Index of Multiple
Deprivation.

Aberdeen City Council does not hold this information.

 

All information concerning Landlord Registration is held on the Scottish
Government’s online Registration system. The Registration system includes
certain reports which are available to Local Authorities, however no
‘Datazone’ reports are available. There is no statutory requirement to
hold information about rental properties within Datazones.

 

ACC is unable to provide you with information on a count of the number of
registered private rental properties in each Datazone in the city as it is
not held by the Council.  In order to comply with its obligations under
the terms of Regulation 10(4)(a) - Information Not Held - of the EIRs, ACC
hereby gives notice that this information is not held by it.  ACC is
required by Regulation 10(1)(b) of the EIRs to inform you as to why in all
the circumstances of the case, the public interest in maintaining this
exception outweighs the public interest in disclosing this information to
you.  ACC is satisfied that it does not hold this information and
considers that, as there is no information held, the public interest lies
with the exception.

 

We hope this helps with your request.

 

Yours sincerely,

 

Grant Webster

Information Compliance Officer

 

INFORMATION ABOUT THE HANDLING OF YOUR REQUEST

 

As the information which you requested is environmental information, as
defined under Regulation 2(1) of the Environmental Information (Scotland)
Regulations 2004 (the EIRs), ACC considered that it was exempt from
release through FOISA, and must therefore give you notice that we are
refusing  your request under Section 39(2) of FOISA (Freedom of
Information (Scotland) Act 2002).  However, you have a separate right to
access the information which you have requested under Regulation 5 of the
EIRs, under which ACC has handled your request. Please refer to the
attached PDF for more information about your rights under the EIRs.

 

 

Information Compliance Team

Customer Service

Corporate Governance
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[1][Aberdeen City Council request email]

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[2]www.aberdeencity.gov.uk

 

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References

Visible links
1. mailto:[Aberdeen City Council request email]
2. http://www.aberdeencity.gov.uk/

Dear Aberdeen City Council,

Thank you for your prompt response. I have sent a request for a review to the City Council directly. I have copied it here for reference:

"Thank you for your quick response to my enquiry. However, I’m afraid I would like to appeal against your decision to turn down my request under the FOISA on the grounds that the Council does not hold this information.
First, the information may be held within a system run by Scottish Government on behalf of local authorities in Scotland but Aberdeen City Council is the legal data owner and has access to the records for its area. Scottish Government is only the data processor. The Council is able to extract the full list of currently registered properties for a variety of internal uses. That list would include the full postcode for each property.
Second, I accept that the Council is not legally permitted to provide the full list of properties and that is why I asked for a count of the number in each Datazone instead. While the report from the Landlord Registration system may not contain a Datazone identifier, it is a simple matter to add that to this data using resources the City Council already holds. For example, the Council will have Geographic Information Systems which permit postcodes to be linked to Datazones, and it will have access to lookup files which link postcodes to higher area geographies, including Datazones. There may be a modest amount of processing to make the connections between these datasets and I accept that the Council may be entitled to make a charge if the amount of work exceeds the minimum level, but the information is held by the Council.
I would be grateful if you could re-consider your initial decision and let me know the outcome.
Yours sincerely
Nick Bailey"

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...

Yours faithfully,

Nick Bailey