Section 60 Costs Charged To Leaseholders For Statutory Lease Extensions Under Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993)
Dear Croydon Borough Council,
Under the Freedom of Information Act 2000, I am requesting information regarding Section 60 costs under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), specifically those costs that have been passed on to leaseholders who have extended their leases where the council was the Competent Landlord.
To facilitate an analysis on the costs that leaseholders are liable when they extend their leases I would appreciate if you could provide the following data in a csv file with the following columns:
1. Date of completion – YYYY/MM/DD
2. Premium Paid – Integer
3. Section 60 costs – Integer
This data should be provided for the most recent 100 lease extensions that have completed where the council was the Competent Landlord. If this is not deliverable in a single request could you return data for the largest number of requests possible. If you cannot provide all of the above within the scope mentioned above, please provide what available information you have and an explanation for why you cannot provide the data.
I understand that under the Act, I should be entitled to a response within 20 working days of your receipt of this request. If it is not possible to provide the information requested due to the information exceeding the cost of compliance limits identified in Section 12, please provide advice and assistance, under your Section 16 obligations, as to how I can refine my request to be included in the scope of the Act.
Your assistance in this matter is greatly appreciated, as it will contribute to a better understanding of the financial implications facing leaseholders when extending their leases under LRHUDA 1993.
Yours faithfully,
Josef Wasinski
Information Team Croydon
Digital Services
Assistant Chief Executive Directorate
Bernard Wetherill House
7th Floor, Zone B
Croydon
CR0 1EA
Contact: Information Team
[Croydon Borough Council request email]
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Dear Josef Wasinski
Freedom of information request - FOI/8694
Subject: FOI - Section 60 Costs Charged To Leaseholders For Statutory
Lease Extensions Under Leasehold Reform, Housing and Urban Development Act
1993 (LRHUDA 1993)
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. Where consideration is being given to exemptions 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.
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.
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 Regard
Information Management Team
Croydon Digital Services
Assistant Chief Executive Directorate
7th Floor, Zone B
Bernard Weatherill House
8 Mint Walk
Croydon CR0 1EA
Information Team Croydon
Digital Services
Assistant Chief Executive Directorate
Bernard Wetherill House
7th Floor, Zone B
Croydon
CR0 1EA
Contact: Information Team
[Croydon Borough Council request email]
Dear Josef Wasinski
Request FOI/8694
Further to your request received on 20/11/2023, I confirm that the Council
has now considered your request under the Freedom of Information Act 2000.
Specifically, you have requested the following information:
Under the Freedom of Information Act 2000, I am requesting information
regarding Section 60 costs under the Leasehold Reform, Housing and Urban
Development Act 1993 (LRHUDA 1993), specifically those costs that have
been passed on to leaseholders who have extended their leases where the
council was the Competent Landlord.
To facilitate an analysis on the costs that leaseholders are liable when
they extend their leases I would appreciate if you could provide the
following data in a csv file with the following columns:
1. Date of completion - YYYY/MM/DD
2. Premium Paid - Integer
3. Section 60 costs - Integer
This data should be provided for the most recent 100 lease extensions that
have completed where the council was the Competent Landlord. If this is
not deliverable in a single request could you return data for the largest
number of requests possible. If you cannot provide all of the above within
the scope mentioned above, please provide what available information you
have and an explanation for why you cannot provide the data.
The council considers this information as confidential as it relates to
individual lease holders as well as commercially sensitive.
Withholding of personal data as defined by the Data Protection Act 2018,
falls within the exemption in Section 40 (2) (a) (i) (Personal
Information) of the Freedom of Information Act 2000. This aspect of your
request is therefore exempt from disclosure by virtue of Section 40 (2)
(a) (i) of the Freedom of Information Act 2000.
The Council considers the cost information requested to be commercially
sensitive information and covered by the exemption provided in Section 43
of Freedom of Information Act. This exemption applies to information
which if disclosed would, or would be likely to, prejudice the commercial
interests of any person, including the Council.
It is important to remember that when information is released under the
Freedom of Information Act 2000, it is considered released to the wider
public. In deciding whether to apply this exemption the Council is
expected to balance the public interest test in withholding the
information against the public interest in disclosing the information.
Although there is always a clear case for transparency of council spend
and in informing the public how the council allocates taxpayer’s
resources, the information is considered, by the Council, to be
commercially sensitive as its disclosure would, or would be likely to,
prejudice the commercial interests of the Council.
The Council publishes Access to Information requests and responses on its
online Disclosure Log. (Any request included within this log will be
anonymised appropriately)
To view the Council’s Disclosure Log, please visit our website available
here:
[1]The Freedom of Information (FOI) Act | Croydon Council
(disclosure-log.co.uk)
If you are dissatisfied with the way the Council has handled your request
under the Freedom of Information Act you may ask for an internal review.
This should be submitted to us within 40 working days of this response.
You can do this by outlining the details of your complaint by:
Email: [2][Croydon Borough Council request email]
Writing: Information Team
London Borough of Croydon
Bernard Weatherill House
Floor 7 - Zone B
8 Mint Walk
Croydon, CR0 1EA
Any requests received after the 40 working day time limit will be
considered only at the discretion of the council.
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. The Information Commissioner can be contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire, SK9 5AF
Yours sincerely,
Information Team
Croydon Digital Services
Assistant Chief Executive Directorate
Bernard Wetherill House,
Mint Walk,
Croydon,
CR0 1EA
[3][Croydon Borough Council request email]
[4][email address]
References
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1. https://croydon.disclosure-log.co.uk/
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3. mailto:[Croydon Borough Council request email]
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