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Use of CCTV in Rented Accommodation to Evict Tenants over Non-Contractual Rules
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No "evidence" is required for a Sec 21.
Hope the landlord is patient then, as there's almost a year left on the term of the tenancy.Let's settle this like gentlemen: armed with heavy sticks
On a rotating plate, with spikes like Flash Gordon
And you're Peter Duncan; I gave you fair warning0 -
To use CCTV in as evidence they must notify you of it's use, - no they dont. 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, - yes it can. 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.
I agree with the response.
However there is no obligation to inform anyone that footage is being captured. The LL is able to describe the footage on paper and if this is then disputed, provide the CCTV video. The tenant cannot dispute the deription and then dispute the evidence which shows this.
Voice recoring are likewise.0 -
princeofpounds wrote: »This is kind of weird... I'm surprised you renewed. - Agreed.
Any clause about visitors is basically unenforceable (assuming the landlord does not live in the property) even if it is in the contract. - Agreed.
As for the CCTV itself, I'm sure it breaks some data protection rules - not any i know of, and my job is quite heavy on the side of data. 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). - Possibly, but i agree, not there yet.
What do you actually want out of the situation though? You haven't actually said.
Bearing in mind the LL can visit the communial areas whenever he or she wants, i dont think the cameras are a legal issue.0 -
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The OP says people are staying overnight, not that the landlord is complaining of visitors.
Visitors, over night visitors it doesn't matter. Tenants are allowed either in their home and do not need to seek permission from the landlord.
The OP has the best part of year left on his/her tenancy agreement so I'd like to be a fly on the court room wall when the landlord tries to evict using a Section 8. Yes, the landlord could wait almost a year to issue a Section 21 but anyone in their right mind would move out of this Peeping Tom's HMO at the earliest convenience. The mind boggles as to why the OP decided to stay on for another 12 months.0 -
Visitors, over night visitors it doesn't matter. Tenants are allowed either in their home and do not need to seek permission from the landlord.
As a manager of an HMO, I can vouch that it is in the interests to keep an eye on who is staying overnight in my property.
There is a distinct difference between visitors, and overnight visitors. Ask any prison.
Overnight visitors are often as good as living in the property, and I get complaints that there are too many people needing the bathroom in the morning, etc etc.
They also cost extra to the landlord.
The length of the tenancy is obviously in the OP's favour, but it's little comfort, as his life can be made miserable in an HMO.Well life is harsh, hug me don't reject me.0
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