FI15846

Request

Request for Disclosure of Landlord (Owner) Details for Licensed HMO Properties

I am writing to request further information regarding certain licensed Houses in Multiple Occupation (HMOs) registered within your council area.

While the published HMO Register provides property addresses and some license holder information, it does not include the landlord’s correspondence or personal address where it differs from the HMO property itself.

Under the provisions of the Environmental Information Regulations 2004 (EIR) — or alternatively the Freedom of Information Act 2000 (FOIA) — I respectfully request access to the current correspondence addresses or ownership addresses of the landlords (license holders) associated with the HMOs listed on the public register.

The purpose of this request is to contact property owners for property-related business inquiries, tenancy matters and any help in this fiscal climate with their properties.

I understand from guidance that this information can be disclosed where it relates to the public interest in knowing who is responsible for managing and maintaining rented properties, particularly where tenants’ welfare, property conditions and neighbourhood amenities are affected.

Response

The information you have requested is exempt from release under Section 21 of the Freedom of Information Act (information accessible via other means to the applicant).  The Council is aware that this information is available on request under the Housing Act 2004. Section 232 of the Housing Act 2004 states that every local housing authority must maintain a register of licences for houses in multiple occupation (HMO) (subsection (1)). 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) (subsection(3)), it must be made available for inspection (subsection (4)) and a copy of the register (or an extract) must be supplied, subject to payment of a fee, on request (subsection (5)).   

Section 21(2)(b) of the FOI Act states: "information is to be taken to be reasonably accessible to the applicant if it is information which the public authority or any other person is obliged by or under any enactment to communicate (otherwise than by making the information available for inspection) to members of the public on request, whether free of charge or on payment".  Consequently, the information you have requested is technically exempt from disclosure under the FOI Act, due to our obligations under Section 232 of the Housing Act 2004.   

The Council is aware of the Information Commissioner's Office (the ICO) views regarding releasing HMO landlord details.  The ICO has advised that as the duty of the Council under the Housing Act 2004 is to provide a copy of the register (which will include the name and address of each licence holder by virtue of that duty) to a requester, such a disclosure of personal data is lawful and there would be no breach of the first data protection principle. However, they have also advised the following: 

"It is the form in which the register is provided where it may be considered unfair and subsequently breach the Data Protection Act, such as publishing the full register on the internet.  The requirement under the Housing Act is just to provide a copy of the register on request, there is no obligation to make it available electronically. This may raise a principle 1 issue, since publication on the internet may be unfair and excessive given the potential for ease of access etc. by a large number of people." 

Please note that under the Housing Act 2004 the Council is not obliged to make the information available to you electronically. In accordance with the ICO guidance the Council should treat all requesters equally, and the Council should only disclose information under the FOI Act if the Council would disclose it to anyone else who asked, therefore release of information under the FOI Act should be considered as if it were being released to the world at large. Consequently, the Council is not able to send the register to you as this would potentially breach the first data protection principle. 

We would therefore advise that you email privatesectorhousing@dover.gov.uk to arrange a viewing of the register and to request certified copies of the register as per your right to do so under the Housing Act 2004.   

The Council’s website does provide some information on the licensed houses in multiple occupation and this can be found at: https://www.dover.gov.uk/Housing/Private-Sector-Housing/Houses-in-Multiple-Occupation/Licensed-Houses-in-Multiple-Occupation.aspx.