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Landlord has installed CCTV INSIDE our house and will not return my deposit

Hi all,

I was hoping that you may be able to give me some advice. It's a bit of a long winded story.. but in February I was looking for a new room to rent in London. I saw a room advertised for £950 per month all bills included in a good location - this was a houseshare (five other people) and the landlord also lives in the house.

I moved in on March 3rd and hadn't yet seen or signed a contract. One week after moving in, the landlord presented the contract and told me I must immediately sign it. I noticed that although the advert I saw online said it was £950 per calander month, his contract said it was due every four weeks (so he was trying to get another months rent out of me each year). There was also no break clause, a two month notice period if I want to move out and a clause to say that if I left before the end of the 12 month period, I would lose my deposit.

He told me that everyone else in the house had signed the contract and that it was non negotiable however it transpired afterwards that one of the other tennants has never signed the contract and paid less deposit than I did!

I objected as the advert clearly stated it was a per calander month rent but was told if I did not sign the contract immediately I would have to move out immediately. I had nowhere to go and a lot of stuff moved in so had no choice but to sign this contract. I still have a screenshot of the original advert and it is still on the internet showing that the cost should be £950 per month. The landlord promised he would give me a copy of this contract but to this date still hasn't.

I decided to count my losses and just get on with things. However, it quickly transpired he was quite strange (for example, he won't let us have a microwave in the kitchen because he thinks it looks 'untidy'). Also, the cleaner that was advertised as being part of the service and what I am paying for has never been!!

There was always CCTV outside the house and in the garden, however last Friday the landlord instaleld CCTV cameras that film inside the kitchen and also inside the living room!! This was done without asking any of the tennants what they thought about this and done on the premis of "secrurity". However, we already have CCTV outside and around the house and in the garden so this does not add to secruity at all!

Additionally, the landlord has a large screen inside his BEDROOM from which he can watch all of the cameras all of the time and these are constantly recording.

When I realised what he had done on Friday I confronted him and he told me he'd spoken to people in the house beforehand and they thought it was a good idea (again, it transpires this was a complete lie and he hadn't told anyone - not even the person who has been there for 5 years!) I am very uncomfortable with this, and told him I want the cameras removed (I don't want to live in a 'big brother house' where I can't even eat cornflakes in the morning without being filmed!!!!!!

On the weekend I text him saying he needs to remove the cameras or I will leave however he has now said if I leave I will lose my deposit and also I need to give two months written notice. He is very confrontational, aggressive & has sent me a barrage of abuse over text. He refuses to discuss this and has told me to "email him".

I have decided to leave ASAP and just move my stuff into my partners place whilst seeking a new accomodation. SHELTER the charity have advised me that as this is a private live-in tennancy and I have signed a contract to the above affect he can keep my deposit and there is pretty much nothing I can do about it. He may also be able to legally take me to court for the rest of the rent on the contract and they feel I may lose the case.

Can anyone give me any advice?

- Do I have a claim on misleading advertising given that I have a copy of the original advert quoting the rent as per calander month with a cleaner?

- Can I claim he has breached our original contract by installing CCTV without consent and not paying for a cleaner?

- Can I legally terminate this contract due to privacy and data protection concerns?

Any help you can give me would be VERY appreciated.

Thanks in advance,

Steven
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Comments

  • vax2002
    vax2002 Posts: 7,187 Forumite
    put a sticker over the lens or better still shaving foam
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    Regardless of the agreement which you have signed, if the landlord lives on the premises you are a lodger and not a tenant. If you are not happy with the conditions you are wise to have moved out. If you have a receipt and can prove that you paid this jerk a deposit you will have to take him to court to have it returned.
  • I was going to suggest spray-painting the camera!! :rotfl: I sincerely hope someone with knowledge in this area comes along soon and tells you how to take this hideous landlord to the cleaners.
    DMP Mutual Support Thread member 244
    Quit smoking 13/05/2013
    Joined Slimming World 02/12/13. Loss so far = 60lb in 28 weeks :j 18lb to go :o
  • stekin
    stekin Posts: 16 Forumite
    You're right BitterAndTwisted - I practically have no legal rights as this is a landlord live-in situation (didn't realise the laws in this situation were so different to non-live in!)

    He has not given me a receipt though I have the text from him to confirm I have paid the deposit.

    I would love to take this guy to court however I am concerned he would use the contract I have signed to make me pay for the rest of the "agreement" which would mean I'll lose a LOT of money as opposed to getting some back! It's very difficult to know what steps to take and SHELTER said they've never heard of a case like this with the CCTV etc...
  • vax2002
    vax2002 Posts: 7,187 Forumite
    The daily mail would have your arm off for this story.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • poppy10_2
    poppy10_2 Posts: 6,588 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    stekin wrote: »
    this was a houseshare (five other people) and the landlord also lives in the house.
    Sounds like you might be classed as a lodger rather than a tenant, in which case you would have fewer statutory rights - for example the right to quiet enjoyment of the property would not apply.

    From Shelter's website:
    A lodger is someone who rents a room in her/his landlord's home and who shares living space with her/him. If a lodger shares facilities such as the kitchen and bathroom with the landlord, s/he will be an excluded occupier. Excluded occupiers have very few rights. The landlord will only have to give reasonable notice, which could be a very short amount of time, in order to evict them.

    As an excluded occupier your only right is to stay until your landlord asks you to go, or for as long as your written agreement says. Your landlord can evict you by giving you reasonable notice (which can be verbal) and doesn't need a court order.

    Your tenancy will continue until it is ended by you or your landlord. This can happen by:
    • you and your landlord agreeing to end the tenancy (known as surrender)
    • you serving a valid notice
    • your landlord taking action to evict you
    The notice should end on the first or last day of the period of a tenancy, unless your tenancy agreement says otherwise. For example, if your tenancy is monthly and started on the fifth day of the month, you can give the landlord notice, which expires (ends) on the fourth or the fifth. Once the notice ends, your tenancy ends and you no longer have any right to live in your home.

    If you have a fixed-term tenancy, you will only be able to give notice during the fixed-term if your tenancy agreement says it is allowed. The length of notice you have to give depends on what your tenancy agreement says. It is also possible to leave on the day your tenancy ends without giving any notice.
    poppy10
  • lilac_lady
    lilac_lady Posts: 4,469 Forumite
    Did you pay the deposit in cash?
    " The greatest wealth is to live content with little."

    Plato


  • lolseh
    lolseh Posts: 119 Forumite
    No advice but I woud want out asap! Not saying he has but I would be worried there was hidden cameras in the bathroom..
  • sequence
    sequence Posts: 1,877 Forumite
    Personally given the circumstances I think you're best of forgetting about him and the house and the deposit. I can't see there's much you can do.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    stekin wrote: »
    You're right BitterAndTwisted - I practically have no legal rights as this is a landlord live-in situation (didn't realise the laws in this situation were so different to non-live in!)

    He has not given me a receipt though I have the text from him to confirm I have paid the deposit.

    I would love to take this guy to court however I am concerned he would use the contract I have signed to make me pay for the rest of the "agreement" which would mean I'll lose a LOT of money as opposed to getting some back! It's very difficult to know what steps to take and SHELTER said they've never heard of a case like this with the CCTV etc...

    SO are you going to look for another place or not?
    In fairness you seem to do things in an odd way, contracts have to be conducted in a certain way, tbh I think the story is fabricated.
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