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can landlord take internal pictures?


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Hi,

I'm concerned that my landlord is visiting my flat too often. We've been here for just under a year and a half and so far they've done 2 surveys, 4 or 5 inspections just before the survey and now they've sent us a letter saying they want to come and take internal and external pictures for their new brouchure and are coming between monday and friday anytime.

 

what i want to know is can we say no as we dont want pictures of our flat advertised with all our possessions in it, we got the flat unfurnished. wont they have photos already of the empty property? if we cant say no, are they allowed to say they want to come anytime during the week, id rather they were more specific on when they were coming. we have previously asked them to be more specific and tell us what day and time they're coming.

 

they have a trade brouchure which has photos and addresses of some of their properties. i dont really want the interior of my flat advertised like that. the brouchure is here.. http://www.eastbank.co.uk/assets/pdf/trade.pdf

 

thanks for your help.

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Im sorry to say i am a landlord , landlords can inspect premises with notice and time arranged ,they can also take people around to veiw the flat with you still in , check with citizens advice if not sure ,

 

yes they can inspect or enter the property with notice - but only if its convienient, the tennant can still refuse (but not all the time). I'd let your landlord know that you want a definate time and that you don't want him photographing any of your property.

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Im sorry to say i am a landlord , landlords can inspect premises with notice and time arranged ,they can also take people around to veiw the flat with you still in , check with citizens advice if not sure ,

 

Wrong. A landlord CANNOT, under any circumstances other than severe emergency(fire, flood etc), demand or expect access to a property. Period. It does not matter how far in advance it is arranged, whether it is in writing, be it for a survey, checkup, or cup of tea - the tenant can ALWAYS refuse access.

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By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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I concur with Mr Shed- permission of tenant has to be sought but doesn't have to be given. I would advise not to unreasonably refuse, as good relationship with l/lord is important but you cannot be bullied or pressured.

[sIGPIC][/sIGPIC]

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See below

 

The landlord’s rights of entry

 

Your landlord has a right to reasonable access to carry out repairs. What ‘reasonable access’ means depends on why your landlord needs to get access. For example, in an emergency, your landlord is entitled to immediate access to carry out any necessary work.

Your landlord also has a right to enter the property to inspect the state of repair to empty a fuel slot meter, but they should always ask for your permission and should give you at least 24 hours notice.

If you are staying in lodgings where it is agreed that your landlord provides a room-cleaning service or where you share a room with other lodgers, your landlord can enter without permission.

Your landlord does not have a right to enter in any other circumstances unless they have a court order.

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Joseph White: No, the tenant is entitled to refuse access even if 24hours written notice is given. The tenant is entitled to 'quiet enjoyment' of the property, which means that they have final say who comes in and out until the tenancy expires. However, there would be an exception in an absolute emergency: fire, flood etc., and we always advise tenants to be as accommodating as possible with access requests in order to keep the relationship between landlord and tenant amicable. Hope that clarifies things :)

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The landlord cannot I repeat CANNOT enter your property WITHOUT your consent unless it's an emergency & to undertake emergency repairs. The only other means by which he can enter you property without you consent is with a court order.

 

Also he has no right to take pictures of your property as it is an invasion of privacy.

 

It's also a breach of the DPA

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thanks for your advice. We told them we didnt want them taking pictures so I got an e-mail on the tuesday telling me they wont take pictures but they still need access to the flat, I replied and asked why they would need access. they never replied and on wednesday the living room door was open when I know id closed it so they'd entered the property without permisson. so I think i'll get an alarm for the flat and just tell them they need our permisson first or they'll set the alarm off.

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This is an interesting one, I work for a HA, where our tenants are assured shortholds only because we do not own the stock. We house homeless families temporarily to take the burden off the Local Authority in thier duty to prevent the homelessness arising in the first instance. Depending on which LA the property is in we are required BY THEM to take photos with tenants in situ every 3 months, 4 months or 6 months. This is so that if there is any damage at the end of the tenancy the LA can reimburse us. I feel this is an invasion of a persons privacy. How does it conflict with Data Protection?

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  • 2 years later...

Hi,

 

I do not know if anyone is still reading these posts, but I was was wondering if my landorld who is a builder and stores some of his equipment in the backyard and who is constantly in and out of the yard. Is this a invasion of my privacy?

 

Thanks.

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Im sorry to say i am a landlord , landlords can inspect premises with notice and time arranged ,they can also take people around to veiw the flat with you still in , check with citizens advice if not sure ,

 

Actually, I also am a landlord - and this is an invasion of tenant's privacy and definitely a breach of their quiet enjoyment of the property which underlies all tenancy law.

 

Landlord (or landlord's agent) is NOT entitled to enter the property, even with given written notice, unless the tenant agrees. The only case where this would not apply is where there is a genuine, proveable, emergency (e.g. gas leak).

 

They certainly do not have to allow pictures to be taken of the inside of their property and the quoted number of visits is verging on harrassment.

 

Neither do they have to allow viewings whilst still within their tenancy, although they may be prepared to agree to specific times and days to suit them.

 

If they are entering the property without your express permission - which you have actually denied to them - this is a major breach of your quiet enjoyment of your home. I suggest you change the locks. Keep the old locks so that you can put them back when you leave. They don't sound like very nice landlords!!

 

And don't worry if your agreement says you can't change the locks. If you were taken to court, the judge would not be too happy about your landlord's treatment of your privacy.

Edited by Kentish Lass

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Hi,

 

I do not know if anyone is still reading these posts, but I was was wondering if my landorld who is a builder and stores some of his equipment in the backyard and who is constantly in and out of the yard. Is this a invasion of my privacy?

 

Thanks.

 

Is the yard included in the property you have rented?

 

If it is, then you can ask him not to store his equipment since his constant visits are a breach of your quiet enjoyment of the property.

 

Did you agree to this situation when you rented the property? If so, that might make it more difficult for you to change the situation.

 

AND PLEASE, IN FUTURE, START YOUR OWN THREAD. I DID NOT SEE THE DATE ON THE ORIGINAL AND WASTED TIME GIVING ADVICE WHICH WAS NOT NEEDED!

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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It was never discussed, apart from him mentioning that he would be "popping in and out" as he was working on a house down the street. Yes the yard is part of the property, he also owns the property next door yet stores nothing there and never just goes into their yard. Also he never locks the gate ( A lock he fitted). Also the reason I never thought about him coming and going was because he was supposed to be filling in a big hole in the backyard which he promised over and over again to do and never did. We have been living here for 2 years now.

 

I apologise for you having to write a reply to an earlier post, but I`m new to forums of any type and did`nt know how to start a new thread. Thanks very much for your answer it`s most appreciated.

 

Also I forgot to mention this even though he is half owner of the house he is not the landlord as it is in his wifes name and on our tenancy agreement she is sole landlady.

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  • 5 years later...
Im sorry to say i am a landlord , landlords can inspect premises with notice and time arranged ,they can also take people around to veiw the flat with you still in , check with citizens advice if not sure ,

 

They certainly can not just come in and take photos of our private posessions!!!! that is well OUT OF ORDER!!!!:mad2:

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flabbered, This thread was started Apr 07, last post before yours Dec 09.

Whilst the advice is still current, the LL/LA can take internal photo's during pre-arranged inspection, for a variety of reasons, but not of Ts belongings without consent.

External inspection/photo's of property from public right of way would be OK at any time.

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