FOI Request - Housing Act 2004

Request 101001384553

If possible I would like the data to be in the form of an Excel spreadsheet or a comma- separated values (CSV) file.

1. I would like to request your records of individuals and companies successfully prosecuted for offences under the Housing Act 2004 from 1 January 2015 until the 1 December 2016. This is likely to include: name, business address, rental address, offence, fine, sentence etc.

2. I would like to request your private rented sector enforcement records - where you record improvement notices, emergency remedial notices, hazard awareness notices and prohibition notices - from November 2010 until November 2016 (or whatever date range you have available). This is likely to include: landlord name, business address, rental addresses, notice types, date, hazards, outcome etc. But please exclude the tenant/complainants name(s).

It is important to note that the First Tier Tribunal (FTT) has already ordered the release of the names of individuals convicted under the Housing Act 2004 on the Court Proceedings Database. Please see Tom Wall v Information Commissioner (EA/2014/0265) - link below.,%20Tom%20EA.2014.0265%20(13.04.15).pdf

Even though some of the information I am requesting may be classed as sensitive personal information, the FTT found it could be disclosed under the provisions of the Data Protection (Processing of Sensitive Personal Data) Order 2000. The FTT ruled there was a “substantial public interest” in disclosure as “unfit housing is a matter of major public concern and has a significant impact on the health of tenants”.

It also important to note that the Information Commissioner has ruled that Section 40(2) of FOIA (personal information) does not apply to corporations or businesses as only living persons are protected (20 / FS50546586). See link below.

Response 10-01-2017

The Act to which you refer in your request does not apply in Scotland  and therefore the types of enforcement action referred to in Question 2 of your request are not undertaken by this authority. 

In terms of the housing legislation which this authority does enforce that there were no prosecutions in the period which you have specified. 

Details of the residential properties which are the subject of closing and demolition orders are available in the Housing Orders Public Register on the Moray Council website and are therefore exempt under Section 25(1) of the Freedom of Information (Scotland) Act 2002, information otherwise accessible. For ease of reference please find a link to the web page here.

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