T3 Residential Ltd - application to register as RP

Jerry Flynn made this Freedom of Information request to The Regulator of Social Housing

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

The request was refused by The Regulator of Social Housing.

Dear The Regulator of Social Housing,

I am writing to ask whether you have received an application to register as a Registered Provider from a company called 'T3 Residential Ltd'.

If so then please provide details of what the current status of that application is - i.e. if it has been approved or rejected, along with a copy of the application itself and any associated documents and communications.

If the application to register has been submitted but is still being considered then please provide details of when a decision is due to be made.

I look forward to hearing from you.

Yours faithfully,

Jerry Flynn
www.35percent.org

RSH Enquiries, The Regulator of Social Housing

Thank you for contacting the Regulator of Social Housing.

 

We will review your enquiry and reply to you as soon as possible within
the next 5 working days but if that's not possible we will let you know. 

 

Our office opening times are 9am to 5pm Monday to Friday, excluding Bank
Holidays.

 

Referrals & Regulatory Enquiries Team

T: 0300 1245 225 | E: [1][The Regulator of Social Housing request email] 

Lateral | 1^st Floor | 8 City Walk | Leeds LS11 9AT

 

[2]https://www.gov.uk/rsh

You can also find us on [3]Twitter and [4]LinkedIn

 

 

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1. mailto:[The Regulator of Social Housing request email]
2. https://www.gov.uk/rsh
3. http://twitter.com/rshengland
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6. mailto:[The Regulator of Social Housing request email]

RFI, The Regulator of Social Housing

2 Attachments

 

RRFI1907100045 – Regulator of Social Housing

 

Dear Mr Flynn

 

Please accept this as acknowledgment of your request for information which
the Regulator of Social Housing is handling under the Freedom of
Information Act 2000 (FOIA).  Your unique identification number for this
request is; RRFI1907100045, please remember to quote this in all future
correspondence on this matter.

 

Your request was received on the 22^nd July 2019.  We aim to respond to
your request within 20 working days, commencing the next working day after
your request was received.  You will therefore receive a response on or
before 20^th August 2019.  There may also be scope to extend the target
response date by a reasonable period if there is to be an application of
the public interest test (FOIA).

 

Please note that the contents of your recent enquiry and our forthcoming
response are also subject to the Freedom of Information Act
2000/Environmental Information Regulations.  The Regulator of Social
Housing may be required to disclose your request and our response
accordingly.

 

 

Yours sincerely,

 

[1]cid:image005.png@01D47CCC.6ACD5080

 

Regulator of Social Housing information requests

Information Access Team

For the Regulator of Social Housing

 

 

[2]https://www.gov.uk/rsh

You can also find us on [3]Twitter and [4]LinkedIn.

 

[5]cid:image001.png@01D43F98.7C18DC90

 

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2. https://www.gov.uk/rsh
3. http://twitter.com/rshengland
4. http://www.linkedin.com/company/regulato...
6. https://www.gov.uk/government/organisati...
7. mailto:[The Regulator of Social Housing request email]

RFI, The Regulator of Social Housing

3 Attachments

 

Dear Mr Flynn

 

RRFI1907100045 – Regulator of Social Housing

 

Please accept the enclosed letter in response to your request for
information under the Freedom of Information Act 2000 (FOIA) received on
the 22 July 2019.

 

Yours sincerely,

 

[1]cid:image001.png@01D4FEA8.5CB28070

 

Regulator of Social Housing information requests

Information Access Team

For the Regulator of Social Housing

 

 

[2]cid:image001.png@01D43F98.7C18DC90

Regulator of Social Housing

[3]www.gov.uk/topic/housing/social-housing-regulation-england

 

 

 

 

 

 

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5. mailto:[The Regulator of Social Housing request email]

Dear The Regulator of Social Housing,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of The Regulator of Social Housing's handling of my information request 'T3 Residential Ltd - application to register as RP' (Ref: RRFI1907100045).

The regulator has refused my request for a copy of T3 Residential Ltd's application to register as a Registered Provider, on the basis that the application is already publicly available on the Companies House website. This is incorrect - Companies House does not publish applications to The Social Housing Regulator to become Registered Providers.

Further, whilst it is clear that the blank application form itself is publicly available at the following URL, the completed and submitted application form by T3 Residential is not.
https://www.gov.uk/guidance/register-and...

I also requested a copy of any supporting information submitted with the application form, but this was refused on the basis that disclosure would be "likely to have a ‘cooling effect’ on the registration process, as those intending to register as providers of social housing are likely to be less forthcoming with the information they submit if they suspect that it is likely to find its way into the public domain."

This assertion fails to explain why applicants would be less forthcoming with the information they submit (it is not contended that such information is commercially sensitive) and fails to take into account the fact that the application form itself explicitly notifies the applicant that information submitted may be subject to disclosure under FOI/EIR regulations (paragraph 12).

The refusal notice argues that disclosure of supporting information is also "likely to prejudice the regulator’s ability to obtain further detailed information" because "the provision/development of housing (including social housing) can be competitive, as part of the application process applicants are expected to submit details regarding the provision or intended provision of social housing."

But the Regulator fails to explain why the publication of submitted estimations of social housing rents is likely to prejudice its ability to obtain further detailed information. This is particularly difficult to understand, given that social housing rents are determined according to prescriptive formulas set out in government guidance.

The refusal notice makes a similar argument in respect of viability information: "Applicants who make it to the ‘detailed application’ stage are also expected to submit details regarding viability."

However the Regulator has failed to take into account that this application hasn't yet reached the 'detailed application' stage (it is acknowledged in the refusal letter that the application is still at the 'preliminary stage') and therefore such viability information hasn't yet been submitted and is not subject to this information request.

Finally, I question whether the Regulator has treated this information request under the correct regime. Given that my request relates to the provision of social housing is it not environmental in nature and therefore subject to the Environmental Information Regulations? I ask that my request be reviewed in light of this and the other factors listed above.

I would also like to draw the Regulator's attention to the controversial nature of the development scheme relating to this application and therefore the overriding public interest in full transparency.

The applicant 'T3 Residential Ltd' is a subsidiary of offshore developer Delancey whose redevelopment of the Elephant & Castle shopping centre has been mired in public controversy since 2016. The scheme fails to comply with current planning policy requirements for affordable housing and there have been several public demonstrations, both before the application was originally rejected and after it was subsequently narrowly approved. The scheme is also subject to crowdfunded judicial review proceedings on issues relating to the provision of social housing.

More information on the controversial nature of the scheme relating to the application can be found here:
http://35percent.org/shopping-centre
https://www.bbc.co.uk/news/uk-england-lo...
https://www.theguardian.com/cities/2018/...
https://www.bbc.co.uk/news/uk-england-lo...

I look forward to your review of my information request in light of the points raised above.

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

Yours sincerely,
Jerry Flynn

RSH Enquiries, The Regulator of Social Housing

Thank you for contacting the Regulator of Social Housing.

 

We will review your enquiry and reply to you as soon as possible within
the next 5 working days but if that's not possible we will let you know. 

 

Our office opening times are 9am to 5pm Monday to Friday, excluding Bank
Holidays.

 

Referrals & Regulatory Enquiries Team

T: 0300 1245 225 | E: [1][The Regulator of Social Housing request email] 

Lateral | 1^st Floor | 8 City Walk | Leeds LS11 9AT

 

[2]https://www.gov.uk/rsh

You can also find us on [3]Twitter and [4]LinkedIn

 

 

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References

Visible links
1. mailto:[The Regulator of Social Housing request email]
2. https://www.gov.uk/rsh
3. http://twitter.com/rshengland
4. http://www.linkedin.com/company/regulato...
5. https://www.gov.uk/government/organisati...
6. mailto:[The Regulator of Social Housing request email]

RFI, The Regulator of Social Housing

2 Attachments

RRFI1907100045 – Regulator of Social Housing

 

Dear Mr Flynn

 

Thank you for your email of 30 August 2019  requesting an Internal Review
of your request for information.

 

The regulator aims to acknowledge correspondence within 5 working days,
and this acknowledgement of your Internal Review request is sent to you
within that timescale.

 

Please be advised that the matters raised in your correspondence are
receiving our attention and we will aim to respond within 20 working days,
that being 27^th September 2019.

 

Yours sincerely,

 

[1]cid:image001.png@01D4FEA8.5CB28070

 

Regulator of Social Housing information requests

Information Access Team

For the Regulator of Social Housing

 

 

 

[2]https://www.gov.uk/rsh

You can also find us on [3]Twitter and [4]LinkedIn.

 

[5]cid:image001.png@01D43F98.7C18DC90

 

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References

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2. https://www.gov.uk/rsh
3. http://twitter.com/rshengland
4. http://www.linkedin.com/company/regulato...
6. https://www.gov.uk/government/organisati...
7. mailto:[The Regulator of Social Housing request email]

RFI, The Regulator of Social Housing

2 Attachments

Dear Mr Flynn,

 

Further to your request for an internal review in relation to your Freedom
of Information request we are now unable to provide you with a response by
the 27 September 2019. Please be advised that the matters raised in your
correspondence are receiving our attention and we will aim to respond
within 10 working days, that being 11 October 2019

 

Yours sincerely,

 

[1]cid:image001.png@01D4FEA8.5CB28070

 

Regulator of Social Housing information requests

Information Access Team

For the Regulator of Social Housing

 

 

 

[2]https://www.gov.uk/rsh

You can also find us on [3]Twitter and [4]LinkedIn.

 

[5]cid:image001.png@01D43F98.7C18DC90

 

 

 

From: RFI
Sent: 04 September 2019 09:41
To: [FOI #591303 email]
Subject: Ref: RRFI1907100045 - Regulator of Social Housing -
Acknowledgement to Request for Internal review of Freedom of Information
request - T3 Residential Ltd - application to register as RP

 

RRFI1907100045 – Regulator of Social Housing

 

Dear Mr Flynn

 

Thank you for your email of 30 August 2019  requesting an Internal Review
of your request for information.

 

The regulator aims to acknowledge correspondence within 5 working days,
and this acknowledgement of your Internal Review request is sent to you
within that timescale.

 

Please be advised that the matters raised in your correspondence are
receiving our attention and we will aim to respond within 20 working days,
that being 27^th September 2019.

 

Yours sincerely,

 

[6]cid:image001.png@01D4FEA8.5CB28070

 

Regulator of Social Housing information requests

Information Access Team

For the Regulator of Social Housing

 

 

 

[7]https://www.gov.uk/rsh

You can also find us on [8]Twitter and [9]LinkedIn.

 

[10]cid:image001.png@01D43F98.7C18DC90

 

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References

Visible links
2. https://www.gov.uk/rsh
3. http://twitter.com/rshengland
4. http://www.linkedin.com/company/regulato...
7. https://www.gov.uk/rsh
8. http://twitter.com/rshengland
9. http://www.linkedin.com/company/regulato...
11. https://www.gov.uk/government/organisati...
12. mailto:[The Regulator of Social Housing request email]

RSH Enquiries, The Regulator of Social Housing

2 Attachments

Dear Mr Flynn

 

Attached is the outcome of the regulators Internal Review of your request
for information.

 

Yours sincerely

 

Regulator of Social Housing

T: 0300 1245 225 |  E: [1][The Regulator of Social Housing request email]

1^st Floor | Lateral | 8 City Walk | Leeds LS11 9AT

 

[2]cid:image003.jpg@01D38EC8.3175E650

 

[3]https://www.gov.uk/rsh

 

 

 

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3. https://www.gov.uk/rsh
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5. mailto:[The Regulator of Social Housing request email]