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Use of CCTV in Rented Accommodation to Evict Tenants over Non-Contractual Rules
lukeogorman
Posts: 5 Forumite
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.
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.
The laws on this subject seem deliberately vague and open to interpretation. Can anyone advise me on this situation please?
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.
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.
The laws on this subject seem deliberately vague and open to interpretation. Can anyone advise me on this situation please?
0
Comments
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England, Wales Scotland? The law is different.
Tenancy - joint (probably not but need clarifying) or by the room?
If an HMO, is it properly registered?If you've have not made a mistake, you've made nothing0 -
This is kind of weird... I'm surprised you renewed.
Any clause about visitors is basically unenforceable (assuming the landlord does not live in the property) even if it is in the contract.
As for the CCTV itself, I'm sure it breaks some data protection rules and depending on the use could be harassment too (I don't think we are there yet, but I could imagine it could get there).
What do you actually want out of the situation though? You haven't actually said.0 -
Just get a McDonalds style paper tea cup ( or anything similar that obscures the view) and glue it over the cameras at night, glue the edges of the cup so it doesn`t touch the camera then no one say anything, better still use blu tack or something so you can remove it before he comes, see if the landlord has got the stomach (and money) to evict everyone. Of course everyone has to be in on it, or he will throw you out, so if there are people there who like living like they are in jail just get another place to live IMO. Alternatively go down to Citizens advice and look into the legality of cameras in a place you pay to live in.0
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'shared house': is this an HMO, or do you all have a common tenancy contract? I'm assuming the former.No free lunch, and no free laptop
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Breaching the Human Rights Act - right to privacy and family life? both the CCTV and the no visitors? Is there a local citizens advice that might have a free law clinic willing to advise?0
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I'd be out of there in a second, regardless of the length of the lease I'd signed. I would recommend you do the same!
If you're particularly paranoid, you might wonder what else the landlord could be monitoring. Microphones in the communal areas? Tracking the websites you visit? GPS locators on your car?0 -
Come on guys, take this to court!!! If nothing else you can sell the story to various of the red-top rags....0
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God alone knows why you signed another 12 month fixed term in this 1984 property. Big Brother is watching.
You can have visitors stay if you want. It doesn't matter what it may or may not say in the tenancy agreement as anything about not having visitors would be an unfair clause.
Which council is this HMO in? Does it require a licence? I'd be straight on to the council about this invasion of privacy. Do you know if he owns any other HMO?0 -
theartfullodger wrote: »Come on guys, take this to court!!! If nothing else you can sell the story to various of the red-top rags....
Indeed, I'd like to see what a court would make of a landlord who meticulously monitors every movement of their tenants through the hall.0 -
Oh behave....0
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