Studies to improve data collection on quality of Scottish rental properties: FOI Review

Information requested

Original request 202500458786

Information pertaining to the Scottish Landlord Register.

Has any group or individual Civil Servant been tasked with studying how there could be more robust data collection on the quality of rental properties in Scotland? Can the recommendations or preliminary work done by Civil Servants on this be shared with me? How has this work been communicated with relevant Ministers?

Response

I have now completed our review of our failure to respond to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for your request dated 17th January.

You asked for information pertaining to the Scottish Landlord Register. The information requested was:

Has any group or individual Civil Servant been tasked with studying how there could be more robust data collection on the quality of rental properties in Scotland? Can the recommendations or preliminary work done by Civil Servants on this be shared with me? How has this work been communicated with relevant Ministers?

In accordance with section 21(4) of FOISA, I have also reached a decision on your request.

Unfortunately, there was an administrative error in the handling of your request. This meant your request was not correctly identified and allocated to a relevant official to be processed. On behalf of the Scottish Government I apologise to you for this oversight and for the delay in responding to your request.

I can now provide our response to your original request.

Response to your original request

Many civil servants have worked on or studied how the Scottish Landlord Register could be used to collect more robust data on the quality of rental properties. This work has been ongoing since the establishment of the Scottish Landlord Register. Some of this work has been internal Scottish Government considerations with preliminary findings and some of this work has been published by the Scottish Government. This work has been communicated to Ministers through briefings and official reports.

In our search for recommendations and preliminary findings, we found twelve separate documents or sets of documents within the scope of your request.

Some of these documents are already publicly available. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy. I have noted in the list below where this has been applied and provided you with a hyperlink to the relevant document.

Section 38(1)(b) of FOISA was applied to some of the information in the released documents as it contained personal information relating to personnel of the Scottish Government or other public sector bodies. This has meant some information in the released documents was redacted. I have noted in the list below which documents this exemption has been applied to. I have also noted in the documents themselves where information has been redacted due to this exemption. This exemption has been applied to the documents as disclosing this information would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

Section 29(1)(a) of FOISA was applied to some of the information in the released documents. This exemption covers the release of information which relates to the formulation or development of government policy. This has meant some information in the released documents was redacted. I have noted in the list below which documents this exemption has been applied to. I have also noted in the documents themselves where information has been redacted due to this exemption. This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions in this area. This supports the provision of free and frank advice to Scottish Ministers.

Section 30(c) of FOISA was applied to some of the information in the released documents. This exemption covers the release of information which would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs. This has meant some information in the released documents was redacted and some documents in their entirety were withheld. I have noted in the list below which documents this exemption has been applied to. I have also noted in the documents themselves where information has been redacted due to this exemption. This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in ensuring the effective conduct of public affairs are not prejudiced.

1. I have attached "Document 1 - PRS Data Development - Brainstorming Session 23 Nov 2021 - Summary notes - REDACTED". Section 38(1)(b) of FOISA was applied to this document.

2. I have attached "Document 2 - PRS Data Development Working Group - SG Brainstorming - Starter Slides (v2) - REDACTED". Section 38(1)(b) of FOISA was applied to this document.

3. I have attached "Document 3 - Landlord register briefing - REDACTED". Section 29(1)(a) of FOISA was applied to this document.

4. I have attached "Document 4 - LLR Upload Feature - Jan 25 - REDACTED". Section 30(c) of FOISA was applied to this document.

5. I have attached "Document 5 - Landlord Registration - Review of Fees and Prescribed Information - DPIA Final - Signed by Dave Signorini - 08 April 2019 - REDACTED". Section 38(1)(b) of FOISA was applied to this document.

6. I have attached "Document 6 - Housing Research - Private Housing Issues - Consultation Analysis".

7. I have attached "Document 7 - Private rented sector strategy group - final consultation recommendations report - final version 1245pm 16 december 2009".

8. I have attached "Document 8 - Private Rented Sector Strategy - BRIA".

9. Landlord Registration in Scotland: Consultation on a review of landlord registration applications and fees. Alongside this document, a Business Regulatory Impact Assessment and an Equalities Impact Assessment were published. Section 25(1) has been applied here as this document is publicly available.

10. Landlord Registration in Scotland: Consultation on a review of landlord registration applications and fees: Analysis of Responses. Section 25(1) has been applied here as this document is publicly available.

11. A New Deal for Tenants: Draft Strategy Consultation. Section 25(1) has been applied here as this document is publicly available.

12. A New Deal for Tenants: Analysis of responses to the consultation exercise: Analysis report. Section 25(1) has been applied here as this document is publicly available.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202500458787 - Information released - Documents

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