Tenant video recording a prospective tenant

#1
Dear Sir or Madam,

I hope all is well.

I had a question on video recording in residential property please.

Can a tenant, who has given his notice to exit a property, video record a prospective new tenant including his/her family (young children) during the visit of that potential new tenant, without informing neither the landlord (who was organising the visit) nor the prospective new tenant?

Is this authorised by law?

What are the potential legal implications in term of privacy, children image protection there, please?

Many thanks.

Best regards,
 
#3
Dear Jeffrey,
I hope all is well.
Many thanks for your email.
We are L and were never informed that a camera had been installed in the flat.
It is a surveillance camera.
The current tenant had the camera on during the visit in order to check things apparently.
The reason we discovered this is because she sent us an email, post the visit, to say that she was unhappy that a child had sat down on her couch during the visit.
When we asked why she didn't inform us of the fact that she had installed a camera in the flat and that she recorded people in the flat without informing us, she didn't have a real answer.
What should we do about this? Ask her to delete the video of the child in question?
Otherwise, did she breach privacy laws?
Best regards,
 

Jeffrey Shaw

Member
Staff member
#4
It is T1's home, at least at present. Subject to any legal restrictions, T1 is free to do whatever she likes there.
And it's not your privacy with which T1 has supposedly interfered, so why need you do anything?
 
#5
Dear Jeffrey,
Many thanks for your email.
All noted and understood.
So should we simply inform prospective tenants that they will be recorded?
What if we loose candidates because of that ie despite their interest in the property that they refuse to visit because they don't want to be recorded?
Wouldn't this detrimental to our search for a new tenant?
Best,
 

Jeffrey Shaw

Member
Staff member
#6
It might be. But you cannot show that this is T1's motive.
Plus: you as L have no right to enter- whether with T2 or on your own- whilstever T1 occupies.
Even if the Letting Agreement confers a right of entry, T1 is free to withdraw it without notice.
Forcing T1 to admit you could be seen as harassment- and T1 might then seek to prosecute you. So don't.
 
#7
Dear Jeffrey,

Many thanks for your email.

Regarding visits, we, of course, always get authorisation from the tenant to make visits with T2s.

We indeed wouldn't enter without proper authorisation & appropriate notice etc..

So the question is not to enter the flat without authorisation, of course.

We simply don't know whether we should inform visiting T2s about the fact that they will be filmed during visits.

We are not sure about what we should be doing.

If we say nothing and T2s discover about the camera, wouldn't have we made a mistake by not informing them, prior to the visit?

So if I understand you, we could inform T2s about the camera but not mention that the objective of the camera is to check whether they will touch things in the flat or not, am I correct?

Like say that it is a general camera or something along those lines?

Best regards,
 
#9
Dear Jeffrey,

Many thanks for your email.

The reason we have to deal with this is because T1 doesn't want to carry visits.

We have to go onsite and carry the visits ourselves.

But under camera surveillance.

That's why we wanted to know whether we have an obligation to inform T2 about the camera as we will be together during the visits.

Best regards,