10 February 2015, Local government (District council)
The complainant requested the names of the 20 landlords (excluding housing associations) whose tenants collectively received the largest amounts of housing benefit from Torbay Council (the Council) in the last financial year 2012/13. The Council provided the complainant with a list of the 20 landlords but redacted the names of individual landlords and sole traders on the basis of section 40(2) of FOIA. The Commissioner has concluded that the Council was not entitled to rely on this exemption. The Commissioner requires the public authority to disclose the withheld names of the landlords. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 40: Upheld