Use of CCTV in Rented Accommodation to Evict Tenants over Non-Contractual Rules

lukeogorman

Hi, I rent a room in a shared house, which has CCTV installed in all communal areas. The CCTV has been present ever since I moved into the property over one year ago, however, nothing has ever been mentioned about it by either the landlord or the letting agent. There are no signs present to inform the tenants that we are being watched/recorded, nor is there any mention of it in my tenancy agreement.

This morning, all the tenants were delivered letters from the landlord's agent (his son), informing us - among other things - that there is no provision within our tenancy agreements to allow guests to stay over night at the property; that they have CCTV evidence to prove this has been taking place, and that they will evict the offenders if it continues. It's important to mention that nowhere in the tenancy agreement does it state that tenants are not permitted to have guests stay over night, but just has the standard information regarding prohibition of subletting etc.

Surely this is a breach of the covenant of quiet enjoyment on the landlord's behalf on two separate accounts: breach of privacy with the absence of communication regarding the use of CCTV, and the non-contractual prohibition of tenants to have guests stay the night.

The laws on this subject seem deliberately vague and open to interpretation. Can anyone advise me on this situation please?

cono1717

You have the right to a reasonable expectation of privacy. You wouldn't accept your landlord sitting there in the communal area so you shouldn't have to accept the CCTV*

You could argue that it's a communal area so the CCTV is warranted for safety, however it's only communal to your house (I presume) and not the general public. Thus the safety concern is invalid.

The fact there is no mention of the CCTV cameras in the lease means that AFAIK they shouldn't be there, someone more experienced in household and leasing laws would be able to confirm the legality of this. You may get better responses if you ask for this to be moved to the housing section.

*Unless it's in the lease.

m0bov

Just hang a cap over it, or put a sign infront of it saying "quite enjoyment" so they can't see anything! How you use your room is up to you.

agrinnall

lukeogorman wrote: »

... that there is no provision within our tenancy agreements to allow guests to stay over night at the property... and that they will evict the offenders if it continues.

There doesn't have to be any provision, it's your room, you can have anyone you like visit you as long as they're not breaking any laws. If they wanted to restrict visitors it would have had to be specifically mentioned in the TA, and even then it's somewhat doubtful if it could be enforced. If they're stupid enough to attempt to evict over this let them try, I cannot see any way in which they could win.

fairy_lights

If there's nothing in your tenancy agreement that says you can't have overnight visitors then tell them to jog on. How do they know people have been staying overnight though, do all of your bedrooms lead of the communal areas, or do they have cctv in the hallways too? Potentially every time you walk out of the bathroom wrapped in a towel your landlord could be watching. it's downright creepy and I would cover the cameras up if I lived there.

bris

Whilst their terms are unfair it doesn't stop them from doing a no fault eviction on you. If your tenancy still has a time to run then any eviction through the courts would fail but that doesn't stop them from not renewing the tenancy.


Bottom line, if they want you out your out, but then again why would you want to stay there now you know what they are like.

lukeogorman

There are numerous cameras throughout the house. They are the upturned-dome shaped ones that are placed in the ceiling. There's no way of hanging anything over them. The only way I'd be able to obscure their view would be to commit criminal damage to them. The camera that I'm most concerned about is placed above the bathroom door looking directly at my bedroom door. It tracks my journey between my bedroom and the bathroom. It's outrageous!

I have the best part of one year left on my lease, so any eviction would have to be conducted through the courts. However, this is my second one year lease at the property, and the landlord previously attempted to evict me via the six-month get-out clause in my tenancy agreement over an issue with rent payment - an issue that turned out to be a fault of their own, not mine. The landlord - who lives abroad - and his son - who acts as his agent - run the house like a student dormitory. I'm 28 years old, and the rest of the eleven people in the house are between the ages of 25-60; not children by any account.

All of the bedrooms come off communal areas that are all monitored by CCTV.

The letter in question also threatened to remove the Wi-Fi as what can only be described as a 'punishment' for tenants coming home in the early hours and disturbing other tenants. I'd laugh at the situation if it wasn't such a threat to my civil liberty.

cono1717

I think you need to seriously consider looking for another place to live, a landlord that films your home is not a landlord you want to be under. Irrespective of what's suggested on here ref your eviction if you decide to stay you need to chase up the removal of the CCTV cameras - at the very least I'd be busting out the gaffer tape and sticking it over the lens (no damage then)

Maybe get a helium balloon with a message on it, it'd have to be a short message to fit on though, maybe two words, starts with F.

lukeogorman

Surely writing the words, "film me" would send exactly the opposite message that I'm trying to convey

No, but seriously I do need to get out, but it's not really a viable option for me right now. I'm in my final year of university and the upheaval would just be too much. Plus it's a really nice place . . .

As far as prisons go.

m0bov

Electrical tape (black tape) is ideal, no damage done. They can't evict you for that!

unholyangel

https://ico.org.uk/for-the-public/housing/landlords/

Note the bit at the bottom:

Can a landlord use CCTV in communal areas?

Yes, usually they will need to make you aware of this and explain why they have installed the cameras.

Also note if they haven't informed you or are using the cctv for another reason than their intention or if their intended reason isn't a justifiable reason to have cctv, then they are acting unlawfully and are possibly guilty of harassment.

For example we have cctv in the office. They are pointed at the safes - not at desks/where people work, although they will capture the employees. It can't be used to check (for example) how often an employee is going to the toilet, or to check they're doing their job correctly. It can only be viewed if there has either been a justifiable reason - such as money were to go missing or a staffs safety had been put at risk.

The cameras are also the dome ones - masking tape, cover it with paper, a beanie etc.

On the other hand....if you and any of your flatmates are the practical joker types and are ever bored, you could always enact various famous scenes or even come up with a few of your own. If they are spying, a few well picked renditions could teach them a lesson

ETA: forgot to say, if there is nothing restricting visitors in your tenancy, I'd simply reply (in a letter signed by all tenants if possible) stating that there is no such provision in their tenancy.