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Brentwood Borough Council

FOI 14763

Freedom of information request - private rented sector offers

Request

londonfoi2017@gmail.com

To whom it may concern,


I am writing to make a request under the Freedom of Information Act (2000).


I am interested in obtaining data on the discharge of the Council’s statutory homeless duty, particularly with reference to private rented sector; I understand that the council can fully discharge the housing duty towards an applicant by making a ‘private
rented sector offer’ (PRSO) under s. 193 (7AA)-(7AC) of the Housing Act 1996 as amended by s. 148 (5)-(7) Localism Act 2011.


I know that the council is not required to make a PRSO within borough, consequently some applicants are being made offers outside of the borough, and outside of London. Can you provide me with a breakdown of:


(a) the geographical location of the properties with which the council have made their PRSOs, and


(b) a summary of (i) the number of instances in which these properties are outside of the borough and (ii) within the borough.


Thank you in advance for your assistance. Should you require any further information from me to assist you with this request, please do not hesitate to contact me.


I look forward to your response.


Best wishes,


Harry





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Response

Dear Sir/Madam,

The Freedom of Information Act 2000 provides public access to recorded information via published data and public requests. The Act does not give people access to their own personal data. If such information is required a separate subject access request may be made under the Data Protection Act 1998. An Authority can refuse to provide information requested under the FOI Act 2000 if it relates to personal data and/or is vexatious. Information is limited to information already held in recorded form, there is no obligation to create new information.

Brentwood Borough Council is for the purposes of the FOI Act 2000 a public body under Schedule 1. The Council endeavours to follow the three relevant codes of practice, noting however that they are not directly legally binding. The FOI Act 2000 does not affect copyright and intellectual property rights and any relevant matters will be dealt with in accordance with primary and secondary legislation. Section 44 of the Act allows the Council to withhold information when its disclosure is prohibited under other legislation, and section 21 can exempt information that is accessible to an applicant using procedures in other legislation.

The Council would normally have 20 working days to respond to a request for information, unless one of the exceptions applies. A request for information is valid only if it is made in writing, includes the requesters real name, includes the requesters address for correspondence (including an email address) and adequately describes the information requested. The Council has the legal right not to respond fully to the request until adequate clarification has been received. If requested information is not held and adequate and properly directed searches have been undertaken then a no information return will be given. In addition if the request would pose an unreasonable burden on resources and exceed a set costs limit the Council may refuse the request and a written refusal notice will be provided. A charge can be levied to the requester to recover communications costs, such as photocopying, printing and postage. You will be informed in advance with a fees notice if any charge is to be levied.

We can confirm that your request has been deemed:
1. To relate [in whole or part] to recorded information held by Brentwood Borough Council Housing Services.
2. Is not data personal to yourself.
3. Does not require an obligation to create new information.
4. Is not related to prohibited and/or exempt information.
5. Is a valid request.
6. Does not place an unreasonable burden on resources and/or exceed the set costs limited.
7. Not to require a charge to be levied to the information requester.

You have requested the following information:

1. Can you provide me with a breakdown of:


(a) the geographical location of the properties with which the council have made their PRSOs, and


(b) a summary of (i) the number of instances in which these properties are outside of the borough and (ii) within the borough.


We can confirm that zero 'out of Borough' LA11 discharges have been made (therefore no geographical location). 1 instance of 'in-Borough' discharge occurred in 2016. We hope this information is of assistance to you.
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