Dodgy landlady, is webcam allowed?

kitkat11

Hi, we have just moved into a new flat and we don't trust the landlady one bit for several reasons (too many to mention here). Shortly after we moved in she moved seven students in the flat upstairs, which is now overcrowded and too noisy. Unfortunately, the licensing scheme for HMO does not apply because it only applies to buildings with more than two stories. There is also no additional licensing scheme (like in London, for example). We have had several arguments with the students already, when we asked them to keep it down at 2 am during the week. They were very aggressive and argumentative. We will get Environmental Health involved re. the noise. The other problem is: One of the students upstairs has lived in our flat until this summer. He is still registered under his old address (I saw letters from the council addressed to him). Since we had those arguments I feel the students are tampering with our mail. I also think that this one student might still have a key for our flat. The landlady is somehow affiliated with that student and is not doing anything, apart from being shady. Although I have no evidence for all of this (apart from the noise) I feel very vulnerable and unsafe in our flat. Now my question: Is it legal to set up a webcam in a communal hallway? Thanks for your time.

mishmash

I am no expert (sure someone will come along who is) but this relates to what they call RIPA (regulation of investigatory powers act) I understand that the legality is based on where the CCTV points, so if it is in your own house/garden it is legal if it points elsewhere (ie commnunal or someone else's property) then any evidence is not admissable in court and you may also be breaching their right to privacy (which I think is covered by the human rights act)

As I said no legal eagle but I think you would be better putting it in your own flat to see if anyone lets themselves in.

Hope that is of some use!

Mish

poppysarah

keep it (CCTV) on your own space and you're fine.


Are you sure about the HMO? From elsewhere: A divided house split into flats is an HMO if there are more than 2 unrelated tenants living in the whole building, if it is not up to current building regs standard. It has to conform to HMO management regs , fire regs, amenity standards. If the flats are up to current standards its not an HMO.

clutton_2

there are overcrowding issues even if it is not a hmo


"" ....apart from being shady. Although I have no evidence for all of this""

so what exactly do you think is going on and what evidence do you have ? and what do you want to happen ?

asharon

Does the post go through your door, if so maybe ask the postman to put it through the letter box rather than in the hallway ?

Also, if you are worried about them accessing your part why not set the web cam up inside to record it.

tbs624

You hadn't made it clear in your first post that the same LL owned both your flat and the one that was being converted.

You should not attempt to put CCTV in the communal hallway: you could however set it up within your own flat.

You should notify your LL *in writing* if there are regular noise issues with the other tenants: also consider speaking to the Tenancy Relations Officer on the local council's private sector rentals team for advice if your LL is being unsupportive.

If you are contacting the EHO you will probably be asked to keep a diary of the noise occurrences.

Change the cylinder on the front door lock if you think one of them may still be accessing your flat: keep the old one to put on when you leave at the end of your contract.

ali82

Change the locks fast and give LL a copy, explain why though. Also IMO put the camera inside your front door

Andy_Hamilton

I would change the locks, see what it says in your contract about notice for the LL to get into your house, when you expect her change the locks back. I know this is not good and probably against the rules of the tenancy but she would have to be very brave/stupid to say I wanted into you flat this morning and the locks have been changed.

Changing locks is a doddle, if it's a PVC style door it's only one screw!

poppysarah

Agreed changing locks is easy if you can swap one out (take a pic to the lock shop) - and she can't tell you she's found you've changed the locks without her admiting to going into your flat without your knowledge.

phead

kitkat11 wrote: »

. Unfortunately, the licensing scheme for HMO does not apply because it only applies to buildings with more than two stories.

Hmm the advise on this seems to differ on different sites...

poppysarah

HMO is set by local authority rules which vary from council to council.
If it sounds like a HMO and causes nuisance then it should be looked into by the council.