Here is a question to the blog clinic from Angela (not her real name) who is a tenant
I have recently had a tenancy inspection of my privately rented house which I have lived at for 2 and a half years. Within the last year, the agent has changed. When the new agent arrived, he proceeded to take photos of each room, from every angle. It took an hour.
I had not experienced an agent photographing during an inspection before and felt extremely uncomfortable and exploited. I told the agent this but it was explained to me that the landlords like this to be done and that the photos would be sent to the landlord in a report.
I hadn’t been asked and felt powerless to stop them. I just felt like crying. It seemed to me that the majority of the photos taken were unnecessary. I wouldn’t have minded if photos were taken of areas of ‘concern’ but this seemed over the top.
I don’t want people having photos of my belongings. I asked for a copy of the photos, to which the agent seemed reluctant. I’d really appreciate it if you could explain to me the law regarding this issue and if I will be obliged to allow the same to happen in 6 months time? Many thanks in advance..
Answer
This sounds to me like a breach of the covenant of quiet enjoyment (a fundamental right of tenants which means that you are entitled to be left to live in the property without interference or unnecessary intrusion).
From what you say it sounds as if there was no real reason for these photographs to be taken, and as they have never been taken before and presumably they are not authorised by the tenancy agreement, I think your consent should be been sought first.
You would be within your rights, in my view, to object to this happening again (save where there is a genuine reason for the photograph – for example of areas of damage). I cannot see any reason why the landlord should need pictures of your possessions and it sounds like a gross intrusion on your privacy to me.
I think you should write to the agents and ask they why they consider the photographs are necessary when they have never been taken before and request that they do not do this again, without getting your permission first.
However, I should warn you that if the landlord and agents feel that you are being uncooperative, there is no reason why they should not serve a section 21 notice on you and require you to vacate. So far as I am aware this is not something that the new anti retaliatory eviction laws will cover.
If you are a good tenant otherwise, I don’t see why they should want to do this, but you can never tell.
What do others think?
I think you are absolutely right Tessa. This crops up most frequently when a property is to be sold and the Landlord wants their estate agent to take photos for that purpose.
I had one recently where the tenant had a young child with her and was most concerned about the entire process.
Definite breach of quiet enjoyment to do this without express consent.
As I landlord I expect my agent to take photos when an inspect is done and to include them in the report as otherwise I have no proof as to the state of the property. This is as much to show what areas not been damage as to show any damage.
Taking an hour is excessive unless the property is very big!
As an inspection is allowed for by most tenancy agreement and an inspection without photos is of little value to a landlord, I would consider any tenant that objects to be someone that I may not wish to keep long term. (But the lack of photos will not lead directly to a S21 unless there are other issues.)
If the agent is not able to sent me photos I may well insist on my own inspect that will require the tenant to give me access.
Assume that tenant was given reasonable notice; they can put away anything they don’t wish to be photographed.
On a change of agent, I would expect that the agent to also take photo of all the tenants and anyone else that is in the property. Otherwise how can the agent prove who is living there?
I think this was perhaps just an overzealous agent that probably had good intentions.
We’ve had occasion to take over the management of a tenanted property but have had no inventory or documentation of the property with which to measure deteriorations.
We would also not like to be held responsible for existing faults that had not been dealt with prior to our management.In such circumstances we would ask the tenant if we could introduce ourselves, document the condition of the property and explain the benefits to them of having everything documented. When the reasoning is explained the tenants are usually more than happy to agree and in fact may also point out issues that they’d like resolving. However we would endeavour to not include possessions and personal items. If a tenant objected then of course we would not proceed.
I’d be inclined to give the agent the benefit of the doubt that they intend to manage the property well but were a little insensitive and heavy handed in the delivery which in the long term has now caused mistrust with this tenant that they will have a working relationship with.
Caveat – Of course I’m aware that the tenant has the right to quiet enjoyment etc but especially in light of future legislation regarding the loss of rights to serve S21’s if a tenant registers a complaint, I would like to know and log a journal re the condition of the property from the starting point that I took over the management
Perhaps a little common courtesy would have been in order here? The landlord/agent would have to contact the tenant to let them know of their appointment and at that point could have mentioned to the tenant that photos would have to be taken to show to the landlord. Then everyone is kept informed. The tenant could have hurried along the clerk if they felt the process was taking too long.
Could this really be considered a breach of quiet enjoyment?
I think that it is not abnormal for an agent to take pictures during an inspection. Ideally they should be collated in a report for both the landlord and tenant. I know agents working that way.
Ian
Are you joking – all this insistence on access – you do know (and accept) that Statute outweighs contract every time?
And photos of the tenants – you must be kidding.
I’ve been in this business 25 years and never heard of any Landlord photographing his tenants. Won’t a copy of their passport do?
How would you react if they wanted to photograph you, or your car number plate?
How about if they ask you for proof of Title so they know it is not your council house you are letting to them?!!
-> Are you joking – all this insistence on access – you do know (and accept) that Statute outweighs contract every time?
And a S21 (or large rent increase) outweighs a tenant with attribute! Along with a reference saying why I am glad they have left.
-> I’ve been in this business 25 years and never heard of any Landlord photographing his tenants. Won’t a copy of their passport do?
How else can I prove to the home office that the passport photo matches the person? (I get the £3K fine not the tenant!)
-> How would you react if they wanted to photograph you, or your car number plate?
I would be very happy for them to do so.
-> How about if they ask you for proof of Title so they know it is not your council house you are letting to them?
I amazed that all tenants do not do so, I would respect anyone that asked me for proof of title.
I think there are multiple issues to bear here.
Firstly the tenant is being a little over dramatic. for goodness sake they are simply photos! However an hour to take them and not seek permission to do so is somewhat remiss of the agent and unprofessional.
The scenario lends itself to failings on the part of the original agent not completing a diligent inventory and condition report prior to move in. I feel here the new agent is trying to make the best of a bad situation however insensitively if the tenant is to be believed.
Regardless i agree there are rules for quiet enjoyment but the tenant has let the agent in so the rules are now somewhat contentious. Naivety isn’t a crime the tenant is free to go.
I do not believe for one minute that the tenant “felt powerless to stop them”!
I feel it a futile and an antagonistic act to write to the agents about the photos, they will simply state it is to assess the condition of the property only, data protection applies and they will only be used for purposes of move out if and when required. If the tenant feels so aggrieved then simply exercise your right and do not allow them access in future. Caution here though, this new scenario about protection from revenge eviction does come with caveats. you must allow reasonable access and notify the landlord/agent in writing of repair issues so ensure you do.
It simply solidifies my stance of not buying investment properties with sit in tenants.
I think Ian is the rather draconian aspect of the lettings market whereas most landlord are the other end and far too soft. This stems from a lack of knowledge of how to manage a property correctly and buying properties without due diligence. I would not buy a property that i had not inspected, simple!
Article 8 of the ECHR says: “Everyone has the right to respect for his private and family life, his home and his correspondence.” Now I know the Convention is all about protecting the individual from oppression by the state, but it seems to me that if the state has to respect an individual’s home, so should his fellow citizens. We need to keep things in proportion, but there is singular failure of imagination (and it has to be said a good dash of control freakery) on the part of some landlord’s and agents. Once again we have evdience of how tenants are treated as second class citizens who are expected to put up with what owners-occupiers would never put up with. Most mortgages contain an obligation on the borrower to repair and to allow the lender to inspect. How many owner-occupiers would be happy for the lender’s agent to turn up at short notice and (because the directors expect it) photograph every room?
@ industry Observer – Sorry but you’re simply out of touch. Lots of landlords take photos of their tenants for ID purposes. Even CIH advise social housing providers to do so for fraud prevention:
http://www.cih.org/resources/PDF/Policy%20free%20download%20pdfs/How%20to%20tackle%20tenancy%20fraud.pdf
“Taking Photographs
Increasingly, providers are taking digital photographs of tenants as part of the sign-up process. Linking photographs to tenant records is a good way of quickly checking during a visit that the person living in the property is the same person who signed up to the tenancy. Some providers have extended this to include photographing their tenants during tenancy audits to capture images of all existing tenants. They have reported very low levels of resistance once the purpose of the exercise has been explained.”
Most good agents obtain proof of title from every single landlord and keep it on file. I would be happy to show it to a tenant.
The tenant asked for an explanation of the law on this subject but it is non-specific on taking photos of tenant’s belongings and is very much open to interpretation.
There could be a few explanations (but not excuses) for the agent’s actions as they do seem to have been unreasonable and insensitive in this case. Tessa has given some good advice on how to approach the agent to ensure it doesn’t happen next time.
@Jamie
I have been in the business 25 years, get hundreds if not thousands of queries every year from helplines I am on, and have only ever had three that relate to photographs.
All three related to Landlords wanting estate agents to take photos for sale purposes. In all three tenants would not allow them to, not internally anyway, and guess what?
In all three cases the tenants would not allow any sales viewings until they had vacated.
Now it may be you are right and I am not hearing about this because it is common practice but somehow I don’t think so.
@Ian
You just do your best on immigration act obligations. Don’t take the ID and you get fined. Take it but get conned and long as the con wasn’t obvious, you will be OK
By the way put on a reference that you evicted a tenant because they wouldn’t let you photograph them, a request they have every right to refuse, and if they lose their next property watch what happens (i.e. if they take legal advice get your wallet out)
Lawcruncher is by far closest to the mark on this subject.
My final comment. Many years ago, very many, I made a mistake on a financial transaction with a gentleman shall we say of Middle Eastern origin. Knowing which customer it was I went to his house late afternoon and his wife answered the door, in full dress, he wasn’t in.
Next morning he came into my office and once we were alone drew a knife and warned me in no uncertain terms not to go to his house again when he wasn’t there.
Just be careful who you photograph if you do. Still seems like overkill to me. I’m not saying it isn’t a good idea, and tenants will probably do anything to get into a property, but I can’t imagine them posing once in occupancy – why should they.
Just because you haven’t heard of it doesn’t mean it’s not happening. As the CIH said in their report, most people don’t mind being photographed once the reason is explained, so they wouldn’t be calling you to complain.
Just for starters, here’s two local authorities taking photos of all their tenants for ID reasons:
http://www.southwark.gov.uk/info/200027/council_tenant_information/673/rights_and_responsibilities/3
http://www.bhphousing.co.uk/bhpv2.nsf/Files/BHPA-465/$FILE/BHP%20Self%20Assessment%20Income-Tenancy-Estates%20Final.pdf
(see page 35)
Most people will cooperate with photos if landlords are reasonable. In this case the landlord’s agent was unreasonable.
This is interesting post as I find myself in similar situation.
The tenant has given notice to leave however, she will not allow estate agent into property to take photos and start the marketing for property because she does not want her items advertised on rightmove!
I told her that she will have to pay me rent when she has vacated because I have a right to market within the contract.
I think you will find it very difficult to sustain such a claim. Why do you consider you have this right?
If I were advising your tenant I would advise her not to pay.
@ Ian
Sorry meant to add large rent increase fine long as it is market rent – otherwise tribunal will rule it out – and may even order a reduction!!!
@Property Saviour
Tessa is absolutely right. What everyone (except Tessa!!) has to remember is that contract is outweigherd by Statute and so the tenant has the right to exclude all others. If they can do it for a gas safety renewal I’m damned sure they can do it just because a Landlord wants some photos for his own benefit whatever it is – sale, damage etc.
How can you possdibly tell a tenant they have to pay rent, in effect a penalty, when they are exercising a legal right? If you have an LHA tenant and the local housing department tells them to sit tight after a notice has matured are you suggesting you could demasnd some sort of compensation because in theory you could have sold the property, but lost your buyer? Or had another tenant lined up at a higher rent, but lost them because the tenant hadn’t complied with a notice? Which inconvenient though it is they have every right to do.
If a tenant says no to access back off. And if they don’t like what you are doing when you are there – leave
Hi Tessa and Industry Observer
Thank you for your comments. It seems that law is very much in favour of tenant.
Today she text me to say that she will be leaving the property as she has found ‘another ideal property to move into’.
She has been an ideal tenant no issues, looks after the property and all. And I felt I had a good professional relationship with her.
Lesson learnt I guess.
This article from a newspaper in Victoria Australia is interesting – it gives examples of how tenants have suffered due to agents using photos with their personal possessions in online advertising
http://www.theage.com.au/victoria/push-to-give-landlords-right-to-enter-properties-and-take-photos-slammed-20150526-gh9y3t.html