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

Pixie5740

davidmcn wrote: »

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.

Quite literally every movement with a camera near the bathroom door.

bouicca21

You've known about the cctv for over a year and only just got upset about it? Methinks I smell a troll.

princeofpounds

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?

I'd be taking a close look at any mirrors.

kinger101

Was the eviction notice delivered by Davina McCall?

clint_S

To use CCTV in as evidence they must notify you of it's use, this is usually in the form of a sign, place on the property and does not have to be visible by the camera capture area, i.e. you could have it on your internal kitchen wall filming your driveway. If the property does not contain notices any captured data can not be used against you, unless they have a court order stating that they may do this. These rules do not cover public areas, however if your communal areas are not accessible to the general public then they fall under these rules.


With this in mind I would remind them of Arkell vs pressdram and refer them to Pressdram response.

Lummoxley

Are you sure you signed a tenancy agreement and not a waiver to appear in an ongoing Big Brother house?

thesaint

Pixie5740 wrote: »

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.

The OP says people are staying overnight, not that the landlord is complaining of visitors.

clint_S wrote: »

To use CCTV in as evidence they must notify you of it's use.

No "evidence" is required for a Sec 21.

Guest101

lukeogorman wrote: »

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. - As long as yo a not joint tenants, and all have seperate tenancy agreements (which it sounds like you do) the LL does not need to advertise the CCTV, and since the LL can enter the communal areas at will, thi i just an extension to that. So the LL is entitled to this.

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. - Write back to the landlord giving your reply as the answer given in pressdram v arkell

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. - You have no expectation of privacy in communal areas. But it would be a breach of quiet enjoyment as to who and what goes on in your private room

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! - it's, in my opinion, legally ok.

I have the best part of one year left on my lease, so any eviction would have to be conducted through the courts. - all evictions would have to be through the court. 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. - and he would have to do so via the court. 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. - well then get together and rent a property jointly, with all the rights and responsibilities that go with that.

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

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. - then between you source your own, and deduct communally the cost of this. Write to the LL or his agent prior to this to inform them of this. I'd laugh at the situation if it wasn't such a threat to my civil liberty. - it's nothing to do with civil liberty.

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

Assuming you are seperate tenants, the above is correct - in my opinion.

Guest101

thesaint wrote: »

The OP says people are staying overnight, not that the landlord is complaining of visitors.

which is fine as long as they are staying in private rooms

thesaint

Guest101 wrote: »

which is fine as long as they are staying in private rooms

Not to the landlord it isn't.