Freedom of Information Act 2000 request - Cladding of a combustible nature

iamauser

Greetings All!

This is what I received today to my Freedom of Information Act 2000 request on the property I consider buying - shall I be concerned?

Thanks for sharing your views in advance.

Tower Hamlets
FOI: 20xxxx85

Q: I would like to know whether the building at ADDRESS E14 ZIP has cladding issues similar to the Grenfell Tower and that could represent a high fire risk exists.

A: Freedom of Information Act 2000
I can confirm that Tower Hamlets Council holds the information you requested. However we are withholding that information since we consider that the following exemptions apply to it.

The information is exempt from disclosure under Section 38(1) of the Freedom of Information Act (FoIA). Disclosure of this information would be likely to endanger an individual (this could be the applicant, the supplier of the information or anyone else). To use this exemption we are required to undertake a public interest test. The matters which were considered in applying the public interest test are as follows:

Factors in favour of disclosure:
For an accurate picture nationally and in Tower Hamlets of the buildings affected by ACM.

Factors in favour of withholding:
Releasing this information may cause unnecessary fear or panic, risk health and safety to those living in tower blocks, and / or may result in residents living in tower blocks refusing to continue to reside there.

It is considered that the greater public interest therefore lies in not providing the information at this time. In coming to that conclusion, the public interest in providing the information has been carefully weighed against any prejudice to the public interest that might arise from withholding the information; in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

This response therefore acts as a refusal notice under section 17 of the FoIA. Section 41 of the Freedom of Information Act sets out an exemption from the right to know where the information requested was provided to the public authority in confidence.

* The information must have been obtained by the public authority from another person, company, local authority or any other 'legal entity'.
* Disclosure of the information would give rise to an actionable breach of confidence, by the provider or any other third party.
The information you request meets the criteria for this exemption in that information given to the Council from landlords and building owners was done so in confidence and in order for the Council and building owners to work together on measures to replace any ACM cladding.

This is an absolute exemption.
We consider that the absolute exemption set out in Section 41 (Information provided in confidence) applies to the information requested.

davidmcn

If you're already this concerned about the property's cladding, why are you considering buying? In any event you'd need more assurance than an FOI reply from the council in order to proceed (assuming you need a mortgage).

foxy-stoat

I would say if your needing a mortgage to purchase this property then the lender will want to know, it will be valued at £0 so move on to another property.

Shame the DVLA cant use an absolute exemption the last time a cowboy parking firm got my details and tried to scam me out of an unregulated invoice....another thread though.

iamauser

davidmcn wrote: »

If you're already this concerned about the property's cladding, why are you considering buying? In any event you'd need more assurance than an FOI reply from the council in order to proceed (assuming you need a mortgage).

thanks for the response. i got a mortgage, but my concern is not whether there is cladding, but if there is it would be at my expense to fix it. since last july noone can give a straight answer whether the building has the materials that will need to be replaced - FOI was the last resort.

foxy-stoat

iamauser wrote: »

thanks for the response. i got a mortgage, but my concern is not whether there is cladding, but if there is it would be at my expense. since last july noone can give a straight answer whether the building has the materials that will need to be replaced - FOI was the last resort.

You would know if the building has cladding by looking at it.

If Tower Hamlets owns the freehold then they would have to disclose the information when you proceed with the legals - maybe ask the current owner/occupier of the lease.

iamauser

foxy-stoat wrote: »

You would know if the building has cladding by looking at it.

If Tower Hamlets owns the freehold then they would have to disclose the information when you proceed with the legals - maybe ask the current owner/occupier of the lease.

well, if that was so easy to determine just by looking at it, why would the information is being withheld? and there is no information available from the freeholder/management. the answer is: "we can not disclose". and owner/occupier does not know.

foxy-stoat

iamauser wrote: »

well, if that was so easy to determine just by looking at it, why would the information is being withheld? and there is no information available from the freeholder/management. the answer is: "we can not disclose". and owner/occupier does not know.

You wont be able to use a mortgage to buy this flat and your solicitor will advise against buying it as well. Move on....

But post up the rightmove link so we can take a look.

iamauser

foxy-stoat wrote: »

You wont be able to use a mortgage to buy this flat and your solicitor will advise against buying it as well. Move on....

But post up the rightmove link so we can take a look.

different lenders have different rules - one lender asked for a cladding report, and another one was not interested.

iamauser

Folks, any opinion?

davidmcn

iamauser said:

foxy-stoat wrote: »

You would know if the building has cladding by looking at it.

If Tower Hamlets owns the freehold then they would have to disclose the information when you proceed with the legals - maybe ask the current owner/occupier of the lease.

well, if that was so easy to determine just by looking at it, why would the information is being withheld? and there is no information available from the freeholder/management. the answer is: "we can not disclose"

Has the vendor actually made the request of the freeholders in the context of a prospective vendor requiring to exhibit a management pack to a buyer? If the freeholder is the council then there may be confusion depending on which department you're talking to - you need to be clear whether you're talking to the council wearing their landlord hat or their building control hat. The FOI response about "information given to the Council from landlords and building owners" obviously doesn't apply where the landlord is the council.

For the meantime, you need to assume that the answer to the question "would be at my expense to fix it" is yes.

csgohan4

walk away and find something else to buy, not worth the hassle, some are mortgage prisoners because they can't sell or remortgage to others due to this issue