Landlord entered property and took pictures

meome0

HI the landlords are Dales Housing..they have around 800 propertys

poppysarah

Sue for inconvenience and distress at having such poor landlords.

Short notice to move = mess and chaos. Not a court in the land would support his moaning.

meome0

Yes that article in the matlock mercury is us..And yes in hind site I agree it may not have been correct to go to the papers first. I work right next door to the matlock mercury and was chatting to someone who works there about how upset I was...the rest is history,.

franklee

Well that sheds a bit more light, they are claiming they have no record of the complaints. I suspect they are adopting a defensive position to guard against your claims. I hope your six months of complaints about the persistent smell were in writing, so often tenants just pick up the phone and don't confirm in writing and then of course the LL can say "what complaint"

lynzpower

I have to say, the fitst feeling I have about thisis to speak with the information commissioners office.

I would like to know if I were in your shoes, what right they LLs have to take photographs of your children , how they will be stored,as they are the data controller.

When does data protection law apply?

Data protection law applies whenever a data controller processes personal data. These words are given special meanings by the Act.
Data controllers

A data controller is the person who determines the purposes for which, and the manner in which, any personal data is, or is likely to be, processed. In other words, you will be a data controller if the processing of personal data is undertaken for your benefit and you decide what personal data should be processed and why. A typical example of a data controller is an employer.
Personal data

Personal data means data which relates to a living individual who can be identified from that data or from that data and other information which is in the possession of, or is likely to come into the possession of, the data controller. For example, most organisations will process personal data relating to employees, customers, suppliers and business contacts. These individuals are referred to in the Act as 'data subjects'.
Processing

The Act applies when personal data is processed or is to be processed by a computer, or is recorded or to be recorded in a structured manual filing system. There are other types of system covered by the Act, but these are the most common.
Whether or not manual files are covered by the Act is not always an easy question to answer. To be covered:

• there must be a set of information relating to individuals,
• which is structured either by reference to individuals or by criteria relating to individuals,
• in such a way that specific information relating to particular individuals is readily accessible. If your manual files fall within this definition, you will have to comply with the Act.

The term 'processing' covers virtually any use which can be made of personal data, from collecting the data, storing it and using it to destroying it.
What are the obligations?

The data protection principles

In order to comply with the Act, a data controller must comply with the following eight principles:

1. The data should be processed fairly and lawfully and may not be processed unless the data controller can satisfy one of the conditions for processing set out in the Act.
2. Data should be obtained only for specified and lawful purposes.
3. Data should be adequate, relevant and not excessive.
4. Data should be accurate and, where necessary, kept up to date.
5. Data should not be kept longer than is necessary for the purposes for which it is processed.
6. Data should be processed in accordance with the rights of the data subject under the Act.
7. Appropriate technical and organisational measures should be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
8. Data should not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

I think your LL has a case to answer about these excessive photographs as a data controller.

I would speak to the information commissioners helpline- they have been great with me- they can be fined/ prosecued/ investigated, but most of all have to justify what thy have done

Do I get the sense this is a new build house?

Fire_Fox

meome0 wrote: »

I have tried talking to them on the phone for over 45 minutes , but the lady insisted that in her opinion the state of the upstairs was not made worse by the fact we took everything upstairs..allthough the other person who came in with her has said to me on the phone today that that wholey agreed with my side of events..I got the local newspaper involved in all of this and they published a full page...since then she took it upon herself to enter my premises and take the photos!!! They are aware that legal action wil prob be being taken and that is why they are trying to counter act..I didnt mention in my first post that the letter also stated that if we dont rectify the issues she has raised in the letter then we face eviction !!!

That's why you got the letter: you haven't handled this properly at all.