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Landlord has installed CCTV INSIDE our house and will not return my deposit

  • 19-07-2011 6:22pm
    #1
    Closed Accounts Posts: 1


    Hi all,

    I was hoping that you may be able to give me some advice. It's a bit of a long winded story.. but in February I was looking for a new room to rent in London. I saw a room advertised for £950 per month all bills included in a good location - this was a houseshare (five other people) and the landlord also lives in the house.

    I moved in on March 3rd and hadn't yet seen or signed a contract. One week after moving in, the landlord presented the contract and told me I must immediately sign it. I noticed that although the advert I saw online said it was £950 per calander month, his contract said it was due every four weeks (so he was trying to get another months rent out of me each year). There was also no break clause, a two month notice period if I want to move out and a clause to say that if I left before the end of the 12 month period, I would lose my deposit.

    He told me that everyone else in the house had signed the contract and that it was non negotiable however it transpired afterwards that one of the other tennants has never signed the contract and paid less deposit than I did!

    I objected as the advert clearly stated it was a per calander month rent but was told if I did not sign the contract immediately I would have to move out immediately. I had nowhere to go and a lot of stuff moved in so had no choice but to sign this contract. I still have a screenshot of the original advert and it is still on the internet showing that the cost should be £950 per month. The landlord promised he would give me a copy of this contract but to this date still hasn't.

    I decided to count my losses and just get on with things. However, it quickly transpired he was quite strange (for example, he won't let us have a microwave in the kitchen because he thinks it looks 'untidy'). Also, the cleaner that was advertised as being part of the service and what I am paying for has never been!!

    There was always CCTV outside the house and in the garden, however last Friday the landlord instaleld CCTV cameras that film inside the kitchen and also inside the living room!! This was done without asking any of the tennants what they thought about this and done on the premis of "secrurity". However, we already have CCTV outside and around the house and in the garden so this does not add to secruity at all!

    Additionally, the landlord has a large screen inside his BEDROOM from which he can watch all of the cameras all of the time and these are constantly recording.

    When I realised what he had done on Friday I confronted him and he told me he'd spoken to people in the house beforehand and they thought it was a good idea (again, it transpires this was a complete lie and he hadn't told anyone - not even the person who has been there for 5 years!) I am very uncomfortable with this, and told him I want the cameras removed (I don't want to live in a 'big brother house' where I can't even eat cornflakes in the morning without being filmed!!!!!!

    On the weekend I text him saying he needs to remove the cameras or I will leave however he has now said if I leave I will lose my deposit and also I need to give two months written notice. He is very confrontational, aggressive & has sent me a barrage of abuse over text. He refuses to discuss this and has told me to "email him".

    I have decided to leave ASAP and just move my stuff into my partners place whilst seeking a new accomodation. SHELTER the charity have advised me that as this is a private live-in tennancy and I have signed a contract to the above affect he can keep my deposit and there is pretty much nothing I can do about it. He may also be able to legally take me to court for the rest of the rent on the contract and they feel I may lose the case.

    Can anyone give me any advice?

    - Do I have a claim on misleading advertising given that I have a copy of the original advert quoting the rent as per calander month with a cleaner?

    - Can I claim he has breached our original contract by installing CCTV without consent and not paying for a cleaner?

    - Can I legally terminate this contract due to privacy and data protection concerns?

    Any help you can give me would be VERY appreciated.

    Thanks in advance,

    Steven


Comments

  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    I think have a chat with the Information Commissioner’s Office. http://www.ico.gov.uk/

    While it was unwise to sign the "lease", I realise you didn't have much choice at the time.

    If your landlord lives there, it may not actually be a lease.


  • Registered Users, Registered Users 2 Posts: 4,879 ✭✭✭Coriolanus


    pCL0p.jpg

    That is all.


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Has your landlord registered the deposit with a body like the Deposit Protection Scheme?

    If he hasn't - report him! It's illegal to withhold deposits without good reason. It's also illegal to be renting out accommodation without placing the deposit in one of the Government schemes - Unlike Ireland...

    Have a word with Citizen's Advice or Consumer Direct. They'll point you in the right direction.

    Hope this helps...


  • Registered Users, Registered Users 2 Posts: 889 ✭✭✭cbreeze


    Has your landlord registered the deposit with a body like the Deposit Protection Scheme?

    If he hasn't - report him! It's illegal to withhold deposits without good reason. It's also illegal to be renting out accommodation without placing the deposit in one of the Government schemes - Unlike Ireland...

    Have a word with Citizen's Advice or Consumer Direct. They'll point you in the right direction.

    Hope this helps...

    AND PUT A SOCK OVER THE CAMERA - LANDLORD IS NOT ENTITLED TO SPY ON YOU!


  • Closed Accounts Posts: 1,869 ✭✭✭odds_on


    Try LandlordZone, an excellent website with a forum which gives advise to landlords and tenants and is not biased towards landlords like Irish Landlord.

    http://www.landlordzone.co.uk/


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  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    cbreeze wrote: »
    AND PUT A SOCK OVER THE CAMERA - LANDLORD IS NOT ENTITLED TO SPY ON YOU!

    The 'Landlord' is entitled to do whatever he or she wants to do within their own home. They are still resident (apparently), so tenancy law is a bit nebulous and suggesting putting a sock over a camera in this manner- could potentially provoke a violent confrontation (from the sounds of things).

    OP- in the first instance- you need to get out of there. The deposit and any other considerations- are secondary. Keep the texts from the landlord- if he or she does decide to pursue you- these could be instrumental in voiding the lease you signed.

    Do not be bullied into signing anything in future. Seriously- if someone is putting you under pressure to sign something there and then- advise them that you wish to take it away with you in order to read it properly. If they don't allow this- walk.......


  • Registered Users, Registered Users 2 Posts: 6,003 ✭✭✭handlemaster


    stekin wrote: »
    Hi all,

    I was hoping that you may be able to give me some advice. It's a bit of a long winded story.. but in February I was looking for a new room to rent in London. I saw a room advertised for £950 per month all bills included in a good location - this was a houseshare (five other people) and the landlord also lives in the house.

    I moved in on March 3rd and hadn't yet seen or signed a contract. One week after moving in, the landlord presented the contract and told me I must immediately sign it. I noticed that although the advert I saw online said it was £950 per calander month, his contract said it was due every four weeks (so he was trying to get another months rent out of me each year). There was also no break clause, a two month notice period if I want to move out and a clause to say that if I left before the end of the 12 month period, I would lose my deposit.

    He told me that everyone else in the house had signed the contract and that it was non negotiable however it transpired afterwards that one of the other tennants has never signed the contract and paid less deposit than I did!

    I objected as the advert clearly stated it was a per calander month rent but was told if I did not sign the contract immediately I would have to move out immediately. I had nowhere to go and a lot of stuff moved in so had no choice but to sign this contract. I still have a screenshot of the original advert and it is still on the internet showing that the cost should be £950 per month. The landlord promised he would give me a copy of this contract but to this date still hasn't.

    I decided to count my losses and just get on with things. However, it quickly transpired he was quite strange (for example, he won't let us have a microwave in the kitchen because he thinks it looks 'untidy'). Also, the cleaner that was advertised as being part of the service and what I am paying for has never been!!

    There was always CCTV outside the house and in the garden, however last Friday the landlord instaleld CCTV cameras that film inside the kitchen and also inside the living room!! This was done without asking any of the tennants what they thought about this and done on the premis of "secrurity". However, we already have CCTV outside and around the house and in the garden so this does not add to secruity at all!

    Additionally, the landlord has a large screen inside his BEDROOM from which he can watch all of the cameras all of the time and these are constantly recording.

    When I realised what he had done on Friday I confronted him and he told me he'd spoken to people in the house beforehand and they thought it was a good idea (again, it transpires this was a complete lie and he hadn't told anyone - not even the person who has been there for 5 years!) I am very uncomfortable with this, and told him I want the cameras removed (I don't want to live in a 'big brother house' where I can't even eat cornflakes in the morning without being filmed!!!!!!

    On the weekend I text him saying he needs to remove the cameras or I will leave however he has now said if I leave I will lose my deposit and also I need to give two months written notice. He is very confrontational, aggressive & has sent me a barrage of abuse over text. He refuses to discuss this and has told me to "email him".

    I have decided to leave ASAP and just move my stuff into my partners place whilst seeking a new accomodation. SHELTER the charity have advised me that as this is a private live-in tennancy and I have signed a contract to the above affect he can keep my deposit and there is pretty much nothing I can do about it. He may also be able to legally take me to court for the rest of the rent on the contract and they feel I may lose the case.

    Can anyone give me any advice?

    - Do I have a claim on misleading advertising given that I have a copy of the original advert quoting the rent as per calander month with a cleaner?

    - Can I claim he has breached our original contract by installing CCTV without consent and not paying for a cleaner?

    - Can I legally terminate this contract due to privacy and data protection concerns?

    Any help you can give me would be VERY appreciated.

    Thanks in advance,

    Steven

    From what you have said.Your safety is the your number one priority. I know of a case in London where the landlord had installed 'peep' cameras in the bedrooms and showers. This went to court.


  • Closed Accounts Posts: 1,829 ✭✭✭JackieChan


    From what you have said.Your safety is the your number one priority. I know of a case in London where the landlord had installed 'peep' cameras in the bedrooms and showers. This went to court.

    Don't forget the case closer to home. Sometime between 2001-2002 there was a guy in Galway doing something similar. It sticks in my mind as the guards came to his place of work(where I worked also) and took his work PC.
    If I find the case I'll link it :(

    Edit: Best link to Galway case


  • Closed Accounts Posts: 3,591 ✭✭✭RATM


    OP Id agree with others about getting the hell out of there.

    One thing that may void your lease from a legal standpoint (and it is important to check this out) is that the conditions of rental have changed since you moved in; i.e. when you moved in there was no CCTV and now there is.

    I'm not familar with UK law on these things but I imagine they have similar bodies to the PRTB, Threshold, etc. You need to track them down and seek advice before doing anything.


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