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

stekin

Hi DUTR,

Whilst I see that I was very naive to move into a house without having the contract upfront, I'm not 'making this up'. Again - I have much better things to do with my time than waste it inventing stories - I'm here to try and get some advice as I'm in a very difficult situation rather than be criticised endlessly for something I know I was stupid to enter in to. The landlord gave a positive first impression and I thought I was covered by law and the deposit protection scheme for these sort of things - I should have done more research. I detailed in my original post the reason why I felt little choice other than I had to sign the contract, as it was 'do it or move out immediately' and I had nowhere to go at such short notice. Regarding the cost of the rent - I'm very fortunate to be relatively successful for my age (sales, no degree). Again, I appreciate you have an opinion but I am here to ask for advice instead of covering the same ground / trying to justify my original stupidity!!

skellysgirl

So if you have no rights as a lodger, what rights does he have, is his contract legally binding, if so why not ignore his 2m Clause and live for a month without paying rent.

Also can you not turn it to your advantage, ie is this not voyeurism?

stekin

Hi BitterAndTwisted - I think I'll take a look into what action I can take after I move out - hoping to get all of my belongings moves to my partners within a couple of days.

Hi Poppy10 - you're right, I had no obligation to sign the contract when I saw the terms were totally different to those advertised. I was however in a very sticky situation in terms of having nowhere to live if I didn't sign them! I realise I've put myself in jeapody by doing so.

Glad to hear that you feel the court would potentially rule in my favour - friends of mine also seem to be of your opinion that it may be best to just 'write the deposit off, forget about it and assume he won't try and claim the two months'

G_M

1) you are a lodger, not a tenant. The 12 months fixed term business is rubbish. Give 'reasonable' notice in writing (2 weeks?) then move out. Better still, give a months notice but don't pay rent for that month

2) Sounds like you'll have to go to a Small Claims Court for your deposit (which you'll get eventually)

3) 7 separate people in the house? (you plus 5 others plus LL?). That's a HMO (House of Multiple Occupation). LOTS of regulations. Contact the council! I bet he's not registered and it'll cost him a lot to fix things right!

4) internal CCTV? spray paint.

5) Is he declaring these 6 people's rent for tax? I bet not. HMRC tax fraud here.

6) Does he have a mortgage and does his lender know he has 6 lodgers? £4 to the Land Registry will reveal his mortgage lender.

7) is there gas in the house? Have you seen a gas safety certificate?
"What should I do if my landlord refuses to arrange servicing for the appliances s/he has provided for my use?

Remind your landlord of their legal duties under the Gas Safety (Installation and Use) Regulations 1998 . If your landlord still refuses to arrange servicing for the appliances they have provided contact your local HSE Area Office."

DUTR

stekin wrote: »

Hi DUTR,

Whilst I see that I was very naive to move into a house without having the contract upfront, I'm not 'making this up'. Again - I have much better things to do with my time than waste it inventing stories - I'm here to try and get some advice as I'm in a very difficult situation rather than be criticised endlessly for something I know I was stupid to enter in to. The landlord gave a positive first impression and I thought I was covered by law and the deposit protection scheme for these sort of things - I should have done more research. I detailed in my original post the reason why I felt little choice other than I had to sign the contract, as it was 'do it or move out immediately' and I had nowhere to go at such short notice. Regarding the cost of the rent - I'm very fortunate to be relatively successful for my age (sales, no degree). Again, I appreciate you have an opinion but I am here to ask for advice instead of covering the same ground / trying to justify my original stupidity!!

Well yes it is true, I think you have been an idiot, you live with your partner at weekends, so to my mind you did have somewhere to go at short notice, besides that, you came here for advice, and I have remembered at least 2 posters suggesting what you could do, I honestly don't think there is much you can do but move out like yesterday, everybody knows the landlord wont be taking you to court :j

stekin

Hi Skellysgirl - I hadn't realised I have no rights as a lodger until all this kicked off but yes, it seems as though I have very little rights indeed!! I believe that as I have signed his contract it is legally binding and enforcable. Unfortunately the rent is paid one month in advance so I can't just live for a month without paying the rent!!

Re. voyeurism I have no idea why he feels it appropriate to install CCTV in common living areas in a house but the advice SHELTER have given me indicates he can do what he wants within his own house. I am not sure whether I have any rights with regards to both privacy (can he legally be filming and recording me without consent) and also the data protection act (how is he storing these tapes - is it legal?)

poppy10_2

stekin wrote: »

Re. voyeurism I have no idea why he feels it appropriate to install CCTV in common living areas in a house but the advice SHELTER have given me indicates he can do what he wants within his own house. I am not sure whether I have any rights with regards to both privacy (can he legally be filming and recording me without consent) and also the data protection act (how is he storing these tapes - is it legal?)

If you asked a friend if you could stay over at their house for a few weeks, and paid them some money for board - would you feel able to tell them whether they could put a camera up in their living room in their own house? As a lodger you don't have many more rights than this. You don't have any specific rights to privacy when you are in the communal areas of someone else's home.And the Data Protection Act does not apply to domestic CCTV used within a private household property.

You're barking down the wrong tree with the DPA and human rights angle, just move out and let him come after you if he wants the unpaid rent he thinks he is entitled to, explaining his behaviour to the small claims court if it comes to that.

paulofessex

Before moving out consider taking photos of the CCTV cameras within the house and the view they may have. This is in case you choose to follow that issue up in the future.

Please don't be tempted to damage/cover the cameras, sods law you will be reported for crimminal damage.

stekin

Hi G_M,

Thanks for your thoughts:

1) glad to hear that you think he can't hold me to the "12 month fixed term" agreement. I had thought that as I have signed the contract I would be legally liable for at a minimum the deposit and the two months notice. Unfortunately as my rent is paid a month in advance it is impossible to just not pay the rent one month!

2) Also glad to hear you think I may be able to claim the deposit at the small claims court

3) Good call on the HMO - I spoke to the lodger who has lived in the house for 5 years and he said I am not the first person to have a big dispute with the landlord about the rent, deposit etc. Apparently someone tried ot pull this one on him last time (the last lodger in my room left on bad terms too) - from what I have been told he was HMO registered.

4) I wish... probably not the best idea seeing as it's constantly filming, would be vandalism and would definately be something I would be held liable for!!

5) I have no idea about his tax but would be hopeful he may not be paying it all!!

stekin

Hi Poppy10 - re. rights to not be filmed, what you've written actually makes a lot of sense and I see that perhaps I don't have a leg to stand on there... I did think there would at least be something in the DPA that could protect me though perhaps this would be going far too deep and getting involved with something way too complex to be worthwhile.

You are probably right re. the best thing to do being to move out without delay, forget the deposit and just hope he doesn't try to come after me for the two months rent...

Paulofessex - I have taken a photo of the screen showing all the cameras but that's a good idea, I'll also take photos of the cameras he has installed

Don't worry - I'm not going to damage / cover the cameras as I'm not that petty!!