Vacant property

The request was refused by Erewash Borough Council.

Dear Erewash Borough Council,

I am looking for data on homes that are currently vacant.

We buy houses quickly so we want to offer the vendors a solution to this and offer our services.

Could you please supply us with this data?

We look forward to hearing from you.

Dan Quinn

Helen Keast, Erewash Borough Council

Dear Mr Quinn

Freedom of Information Act 2000 - Request for Information

Thank you for your request for information under the Freedom of Information Act 2000. We will now proceed with the new request which we received on 19 August 2019 and will respond within 20 working days.

The officer dealing with your request is [email address]

This request may be subject to certain exemptions as prescribed under the Freedom of Information Act 2000, in which case the Authority may have to refuse the request, or any part of the request, subject to determining whether any exemptions are applicable.

Once the information has been identified the Authority may also ask that a fee be paid for processing and delivering the information to you. Details of any fee to be charged will be notified to you as soon as possible.

Any consideration of exemptions or fees may result in a delay in the intended date for delivering the information.

Any future correspondence you may have in relation to this matter should be marked private & confidential and sent to the Information Officer at the above address.

Martin Durkin
Performance and Information Security Officer

Performance and Communities
Erewash Borough Council
Ilkeston Town Hall, Wharncliffe Road, Ilkeston, Derbyshire DE7 5RP
Tel: 0115 907 22 44
Extension: 3579

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Martin Durkin, Erewash Borough Council

Dear Dan

Freedom of Information Act 2000 - Request for Information

I am writing in respect of your recent enquiry for information held by the Authority under the provisions of the Freedom of Information Act 2000.

We do not disclose details of empty properties under the Freedom of Information Act and we do not publish this information on our web sites. This is based on the Information Tribunal decision in the case of Mr P England and the London Borough of Bexley and the Information Commissioner Appeal no: EA/2006/0060 & 0066. In this particular case Mr England had requested statistics of empty residential properties including the addresses of the properties concerned and information as to why the property was empty, or details of ownership, from the London Borough of Bexley. Following a refusal by the London Borough of Bexley the case had been placed before the Information Commissioner and subsequently before the Information Tribunal for determination.

The Information Tribunal found that the address of the property and the address or other details of the owner, where the owner was an individual, were personal data as defined by the Data Protection Act 1998, and fell within the exemption in Section 40 (3) (a) (i) (Personal Information) of the Freedom of Information Act 2000. In addition after considering the presentations by the appellants and their expert witnesses the Tribunal also found that for properties owned by individuals the Section 31 (1) (a) (Law Enforcement) exemption was engaged and that the public interest in withholding the information outweighed the public interest in providing the information.

You may find further information of interest in our disclosure logs at: https://www.erewash.gov.uk/index.php/fre...

Most of the information that we provide in response to the Freedom of Information Act 2000/Environmental Information Regulations 2004 requests will be subject to copyright protection. In most cases the copyright will be owned by Erewash Borough Council. The copyright in other information may be owned by another person or organisation, as indicated by the information itself.

You are free to use any information supplied for your own use, including non-commercial research purposes. The information may also be used for the purpose of news reporting. However, any other type of re-use, for example, by publishing the information or issuing copies to the public will require the permission of the copyright holder.

For information where the copyright is owned by Erewash Borough Council details of the conditions on re-use can be found on our website at: https://www.erewash.gov.uk/index.php/fre...

For information where the copyright is owned by another person or organisation, you must apply to the copyright owner to obtain their permission.

If for whatever reason you are unhappy with our response you are entitled to pursue any dissatisfaction through the Council's Complaints Procedure details of which are available via the Council’s website at:- https://www.erewash.gov.uk/index.php/com...

Should you remain dissatisfied you can appeal against the decision by contacting the Information Commissioner. Generally, the Information Commissioners Office cannot make a decision unless you have exhausted the complaints procedure provided by Erewash Borough Council. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. If you have any further queries regarding this matter please refer them to the Information Officer at the address below.

Yours sincerely

Martin Durkin
Performance and Information Security Officer

Performance and Communities
Erewash Borough Council
Ilkeston Town Hall, Wharncliffe Road, Ilkeston, Derbyshire DE7 5RP
Tel: 0115 907 22 44
Extension: 3579

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