Recording landlord/tenant conversations?

laughing_laura

Hi

I have been a lurker for a while but have a question so wondered if anyone can help me on behalf of a friend?

The situation is she has a landlord who keeps coming round and pestering her, he turns up unannounced to 'do some work'. She asked him to call first in future but he said if he needed to do work on the flat he has the right to.

She sought advice for this and was told that he has no right to do that, so she wrote him a letter stating her rights to notice before he comes over especially as it is not essential work he carries out just little odd jobs.

Now he has become very unfriendly and he served her an S21. She was upset but was happy to leave and will move somewhere new in a weeks time.

Basically now he wants to come over and and check the property before she leaves as he is on holiday when she moves out. She is worried though that she has had some very hostile conversations with him so she wants to record with a dictaphone when he is over the house for her own piece of mind especially as her inventory is very sparse and open to interpretation.

I did some research for her and keep finding posts saying she is allowed to record in her own home even if he says no ( she was not considering covert recording). However I can't find a specific law or legislation to back this up, can anyone help?

I have offered to be there with her on the day but it would still help to have a recording as I don't think my word would stand up in any dispute about what they agree on deductions etc...

Sorry that was more long winded than I planned but if anyone could help both she and I would be very appreciative.

Davesnave

In advice to its officers, HMRC says this:

Meetings: Video and tape recording


You must not make a tape or video recording of a meeting.

If the claimant or his or her agent wish to do so you should

• normally allow a tape recording of the meeting to be made. You should ask the claimant or agent to agree to provide either a full and typed transcript of the proceedings at their own expense, or an unedited copy of the tape. or if local facilities exist, ask to make a copy at the end of the meeting. You should still prepare your own notes.
• normally refuse the video request. Video recordings of meetings can have security implications, both for the officers concerned and the Department. There is the risk that the video will be used for some other purpose. From the claimant's point of view there are normally no immediately obvious business reasons why a video, as opposed to an audio tape, recording is necessary. You do not need to give detailed reasons for this in the case of a particular claimant. If you do have particular concerns you should make a note of them in the enquiry papers.

It goes on to say:


You cannot prevent a claimant from making a video on his or her own premises. Again you will have to weigh up the advantages and disadvantages in deciding whether to acquiesce.


So, what's good for the goose......

Guest101

laughing_laura wrote: »

Hi

I have been a lurker for a while but have a question so wondered if anyone can help me on behalf of a friend?

The situation is she has a landlord who keeps coming round and pestering her, he turns up unannounced to 'do some work'. She asked him to call first in future but he said if he needed to do work on the flat he has the right to.

She sought advice for this and was told that he has no right to do that, so she wrote him a letter stating her rights to notice before he comes over especially as it is not essential work he carries out just little odd jobs.

Now he has become very unfriendly and he served her an S21. She was upset but was happy to leave and will move somewhere new in a weeks time.

Basically now he wants to come over and and check the property before she leaves as he is on holiday when she moves out. She is worried though that she has had some very hostile conversations with him so she wants to record with a dictaphone when he is over the house for her own piece of mind especially as her inventory is very sparse and open to interpretation.

I did some research for her and keep finding posts saying she is allowed to record in her own home even if he says no ( she was not considering covert recording). However I can't find a specific law or legislation to back this up, can anyone help?

I have offered to be there with her on the day but it would still help to have a recording as I don't think my word would stand up in any dispute about what they agree on deductions etc...

Sorry that was more long winded than I planned but if anyone could help both she and I would be very appreciative.

Is there a law saying that you can walk down the street???

Unless there is a law preventing an action, assume you can do it.

To clarify, and this is 100% accurate. You, me, anyone can record ANYWHERE. You must stop if you are asked to do so on private property which is not yours.

Your friend can record ANYTHING she likes in her home and / or when she is in public.

Covert, not covert makes no difference. Record away. There is no law preventing this.

Guest101

Ps tell her to agree to NO deductions. Let him argue it to the DPS.

laughing_laura

Thank you guys, out of courtesy she has told him she will be recording, he told her to f*** off and said he absolutely denies any permission to record and if she does that against his will then this will be illegal, she told him no it is not she may record in the flat as it is her home still as per their contract. So he said well if you record without my permission and you play the recording to anyone else then that is against the law anyway so don't bother recording because you can't use it.

I am sure he is talking out of his bottom, after all if you have the right to record for example antisocial behavior outside your front door and they tell you to stop filming you can then pass it on to the police so why would this be different she is only using it for her protection.

I will tell her not to accept any deductions, he has been in and done so many of his 'odd jobs' anyway that the flat has had many changes since she moved in.

tiggerbodhi

He is talking out of his !!!!, look at all the "investigative journalists" who covertly record, you can record any conversation with him and any telephone calls as well without his permission and play them back to whoever you like, when you like, his only recourse is to the civil courts for invasion of privacy.

m0bov

Get her to ask her local PCSO to attend during the meeting as he is being agressive and verballing abusing her. Otherwise just refuse.

4nnabella

laughing_laura wrote: »

Basically now he wants to come over and and check the property before she leaves as he is on holiday when she moves out. She is worried though that she has had some very hostile conversations with him so she wants to record with a dictaphone when he is over the house for her own piece of mind especially as her inventory is very sparse and open to interpretation.

I'm by no means an expert but would this not mean that the onus is on him to prove that she *did* cause whatever damage etc he wants to claim for, rather than her prove she didn't cause it...

pheonix254

I don't know why HMRC advice has been quoted - it's to do with meetings about tax investigations. Revenue and Customs has nothing to do with this, whatsoever.

You can record whatever you like in your own home, and you can play it to whoever you like. You can video, you can live stream it to the internet, you can do whatever you want so long as it isn't a crime.

If a section 21 is served, then so long as the legal process is followed to the letter then it is valid and she will have to leave. However, up until that point, she has the right to quiet enjoyment in her home, and the right to be free from harrassment. I'd be ringing CAB for advice at this point, and declining all access requests from now on unless absolutely necessary. Take legal advice if necessary - it sounds like the LL is asking for a fight but has no idea what will hit him if this ends up going to court.