FOI request details

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Request

Subject: HMO Register

Reference: WBC-FOI-00623

Please can I be sent a copy of the full HMO Register in Wandsworth via excel if possible, if not PDF. If neither are possible by post is okay. Please can the register include the following:

  • The address of the licensed HMO or house.

  • The number of rooms in the licensed HMO providing sleeping accommodation. E.g.

  • The maximum number of persons or households permitted to occupy the licensed HMO under the conditions of the licence;

  • The name of the licence holder;

  • The full address of the license holder

Response

None Disclosed - 1 February 2023

Request for Information - WBC-FOI-00623 - HMO Register

I refer to your request for information received on 31 January 2023. Please see the information below in response to your request: -

Your Request:

Please can I be sent a copy of the full HMO Register in Wandsworth via excel if possible, if not PDF. If neither are possible by post is okay. Please can the register include the following:

  • The address of the licensed HMO or house.

  • The number of rooms in the licensed HMO providing sleeping accommodation. E.g.

  • The maximum number of persons or households permitted to occupy the licensed HMO under the conditions of the licence;

  • The name of the licence holder;

  • The full address of the license holder

    Our Response:

    Please note that the information you have requested under FOI is available on request under the Housing Act 2004 Section 232, which states that every local housing authority must maintain a register of licences for houses in multiple occupation (HMO). The register must contain prescribed particulars (which, by virtue of SIs 2006 No.373 and 2007 No.1903, include the name and address of the licence holder), it must be made available for inspection and a copy of the register (or an extract) must be supplied, subject to payment of a fee, on request.

    Therefore, the information you have requested is technically exempt from disclosure under Freedom of Information, due to our obligations under Section 232 of the Housing Act 2004. ICO guidance is that the Council should treat all requesters equally, and the Council should only disclose information under FOI, if the Council would disclose it to anyone else who asked, therefore release of information under FOI should be considered as if it were being released to someone who requested a copy of the HMO Register and paid the required fee.

    We would therefore advise that you email: privatehousing@merton.gov.uk to arrange a viewing of the register or to request certified copies of the register as per your right to do so under the Housing Act 2004. The required fee for a copy of the register is £50, although there is no charge made to see the register, providing no attempt is made to copy it.

    In accordance with Section 16(1) of the Freedom of Information Act 2000, the Council has a duty to provide advice and assistance to you, as far as it is reasonable to do so. Therefore I would advise you that the HMO register with the premises address, date of issue and date of expiry but with the personal data such as the licensee's name not included is available on the Council's website at: www.wandsworth.gov.uk/hmo

    As the Council are refusing to disclose the information requested to you under Section 21 of the Freedom of Information Act 2000, please accept this email as a refusal notice issued under Section 17 of the FOI Act 2000.

    If you are dissatisfied with the information provided in relation to your request, you may make representations to the Information and Transparency Manager. Any such request for an internal review should be made within 40 days from today's date. Correspondence should be addressed to: FOIW@richmondandwandsworth.gov.uk

    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 at: https://ico.org.uk/global/contact-us/

    Regards,

    FOI and DPA Officer

    FOIW@richmondandwandsworth.gov.uk

Please note that our responses were accurate to the best of our knowledge at the time of release, and have not subsequently been updated. This information should be considered an historical record only.