Response 3843674

Response to request for information

Reference

3843674

Response date

3 December 2025

Request

Please provide a list of residential properties recorded as unoccupied and substantially unfurnished in your council tax system, specifically those that have been empty for:

• over 12 months
• over 24 months
• over 5 years

I request ONLY the information already held electronically within your council tax database, used for the purpose of applying the Empty Homes Premium. I am not requesting any manual searches, paper files, archive reviews, or deed packet checks.

Please provide:

• Property address (including postcode)
• Length of time empty (if recorded)
• Whether an Empty Homes Premium is applied (100%, 200%, 300%)

This request does not include owner names or any personal data and therefore cannot engage Section 40. 

Response

I am unable to release the information requested as the information is exempt from disclosure by virtue of section 31 of the Freedom of Information Act 2000. Section 31(1)(a) states that the information is  exempt if its disclosure would be likely to prejudice the prevention or detection of crime. The Council has considered the arguments for and against disclosure and has applied the Public interest Test. The Council's decision is that it would not be in the public interest to disclose information about empty properties as it would be likely to result in criminal activities such as squatting, theft and vandalism.

In refusing your request the Council relies on the Information Tribunal's decision (Case No.EA/2011/0007) dated 22 January 2013 where it was found that the London Borough of Camden was entitled to refuse a request for information about empty properties because the section 31(1)(a) exemption "was engaged and the public interest in  maintaining the exemption outweighed the public interest in disclosing  it". The Council also relies on  London Borough of Kensington and Chelsea case where the Information Commissioner considered the London Borough of Camden case and came to the decision that "the council acted appropriately by refusing to disclose the requested information under section 31(1)(a) of the FOIA" - see https://ico.org.uk/media/action-weve-taken/decision-notices/2015/1043628/fs_50559176.pdf