Here is a question to the blog clinic from Simon who is a tenant
My wife and I are tenants in England renting through a letting agent. Today is to be the second 3-month inspection on the house we are living in. It was let as unfurnished.
I want to know: can I tell the letting agent not to take photos during the inspection?
At the first 3 month inspection, the letting agent started taking pictures.
I asked why, she said the landlord wants them. She took pictures from every corner of every room and every hallway, even some of the cupboard contents. She also went through every single cupboard including the fridge and the dirty linen basket. By the end of this 1½ hour inspection, I was really quite upset and angry, I felt really intruded upon. I did challenge a couple of times asking why all this was necessary but she said the landlord is entitled to evidence of how the property is being kept.
I have got quite anxious about this second inspection. It seems stupid, but I’ve been waking at night worrying about it. I don’t want some complete stranger being sent photos of my many computers, rather large CD collection, contents of book-cases, my wife’s clothes in the bedroom wardrobes, watches and jewellery left on the side in the bedroom. I feel vulnerable and intruded upon.
Is this photography of our possessions legal?
I don’t see how taking photographs tells the landlord anything useful about the state of the property as an unfurnished house. Surely the letting agent’s professional opinion is what is required? This is just spying on people and it’s sordid.
We are mature professional tenants. It sounds a bit pathetic from a grown-up bloke, but this is making me feel like I don’t want to live here any more.
There is nothing in the contract about the taking of pictures. And no, I have no problem with them being taken before we move in as a record. And, yes, I really am quite upset.
Answer
Landlords are entitled to carry out inspections of the property to ensure that it is in good condition and to check that the tenants are using it properly.
As a part of that, they are entitled to take photographs to prove what they find. For example
- To prove that the fire escapes are being blocked, or alternatively are being kept clear by the tenants
- To show any ill use of the property, for example, if the kitchen appliances are not being used properly
- To show the cleanliness of the property
- To show whether tenants are drying clothes indoors and not ventilating the property properly – as this can cause condensation
- To show any damage or repair work that needs doing so they can show this to their contractors and get a quote for any work needing to be done.
However, there should be some reason for the photographs. I can’t see why the landlord would want to have photos of your personal possessions – unless they relate to the condition of the property.
As in all things, it is a balance.
Landlords or their agents need to take photographs on the inspection visits but within reason. The photographs should be to record how the tenant is looking after the property. But the landlord does not need to know how many CDs you have or the contents of your laundry basket.
As a general rule, I don’t think landlords or agents should take photographs just of the tenant’s possessions unless they are impacting negatively on the property – for example, if the tenant is a ‘hoarder’ where excessive items can become a fire hazard.
What you could do
Write to the agents complaining and saying that although some photographs are acceptable, on this visit the photograph taking was exceptionally intrusive, many of the photographs were simply of your personal possessions which is nothing to do with the landlord, and that the agent’s actions breached your ‘covenant of quiet enjoyment’.
If it happens again, you could maybe take photographs yourself of the agent taking the photographs. In particular of them taking unnecessary photographs.
You could then use this as evidence to show that the photo taking was unnecessary – for example by bringing a complaint to the agents Property Redress Scheme.
However, you would need to show that the photo taking was actually excessive and unnecessary. Such that it became a breach of your ‘covenant of quiet enjoyment’
As it is important that agents and landlords take photographs – relevant photographs – on their inspection visits.
Finally, you will have notice of the inspection visits so you could prepare for them by putting some things, such as watches and jewellery, away so they cannot be photographed.
It does sound like this inspector went overboard. Probably the office apprentice was sent out. As an inventory clerk myself, I never open cupboards or fridges and only take a general room view and then of any specifics as you’ve mentioned. Inspections should never take more than 10 minutes of the tenants time
The tenant’s annoyance is certainly justified.
“Landlords are entitled to carry out inspections of the property”
Landlords *must* carry out inspections of the property in council landlord licensing areas;
Quote- “If you do not currently inspect, you should be aware this will be a licence condition should your licence be granted.”
“inspection of *all* of the property, not just visits to the property”
So every room, hallway, attic, cupboard and knicker drawer (don’t forget to check under the bed).
Penalties may be a £30000 penalty, unlimited fine, criminal record, control of property taken away, rent repayment order and public flogging -for a first offence.
Faced with that lot,, understandably landlords will want to take extensive photos to prove inspections.
“Write to the agents complaining and saying that although some photographs are acceptable”
Well, I won’t be doing that. I can understand them taking evidence of faults, but I cannot see why photographs need to be taken at all unless they are making a criticism.
I do not know who the landlord is. I don’t have their details, get to see their home, get to see their possessions, get given photographs of their little girl’s bedroom or their marital bed. Yet they get my money, I get reference checked, credit-checked and now spied upon for their delectation.
I have told the letting agent I will not let them take pictures in future unless it is to make a complaint about the condition of the property. I have offered them two alternatives: (a) the landlord does the inspections and sees for themselves or (b) I get photographs of the landlord’s home and possessions every three months.
I’ll just have to see what happens come tenancy-renewal time, although I can guess. I suspect the pervy landlord will want significantly more rent so I leave and will then either get new tenants with more daughters or maybe a girlie house-share. Unless it is the letting agency manager that wants the piccies.
I can understand your annoyance. However, in some circumstances, landlords can be fined if the Local Authority find that tenants are not using the properly correctly. This is normally in the context of HMOs but it could arguably happen with a non-HMO let.
For example, fire escapes. Halls, staircases and corridors which would be used to escape in the case of fire – must be kept clear. However, tenants have a tendency to clutter them up by leaving bicycles and prams there.
If the Local Authority were to do an inspection – or need to visit the property for any reason – they could prosecute the landlord if they found that the fire escapes were being blocked by the tenant’s bikes or prams or whatever.
So I recommend to landlords (or their agents) that when doing inspections they should photograph the fire escape whether or not it is blocked. Then if the Local Authority complain that it is being blocked the landlord can either say:
‘It was clear when I last did my inspection and here is the photograph to prove it’, or
‘Yes, I found this when I last inspected, here is a copy of the letter I wrote to the tenant telling them to stop doing this’.
The landlord would then have a defence in any prosecution. As they will have done all they can to prevent the fire hazard.
I agree though that the landlord has no reason to want to see photographs of your wife’s knicker drawer.
I would expect agents to take some pictures to prove to the landlord that they are doing what they are paid for. I would expect at least one picture of each major room.
You say you don’t know who the landlord is. Haven’t you read your tenancy agreement which much have the landlord’s name and a contact address? If you ask the agent for the landlord’s name and address they must give it to you, by law.
I find it incongruous that there is a view here from a professional that ‘a tenant’ tends to clutter things up. I have never read anything so judgmental in all my time. Don’t landlords ride bikes or keep them in the hall? Whatever happens to that implied term of ‘quiet enjoyment’. The tenant in this case has clearly been deeply upset by the actions of a letting agent, who far from taking accurate pictures of the condition of the property for safety and disrepair/upkeep purposes , appears to be completely on a power trip! If the property is clean and tidy and well looked after and the rent is paid, there is NO need to behave in this way and we’re i the tenant I would without any doubt be complaining vehemently! Whatever happed to ‘reasonable’ inspection! Appalling advice from someone who is clearly in favour of landlords!
The agent in the question may have been on a ‘power trip’ and I agree that in this particular case her actions were probably inappropriate.
However, the point about blocking fire escape access is important. it is something the authorities tend to take very seriously indeed and a landlord can be prosecuted and fined if a Local Authority Inspection shows that they are being blocked. It will be the landlord that is fined mind, not the tenants. So landlords need to make sure that they are being kept clear.
It is one reason why regular inspections are important.
Totally agree with Tessa as I am dealing with the local council at the moment, thank god I did take photos, and wrote a letter pointing out the hazards he has created and that disabling the fire protection is unacceptable.
The point being if I had not done that I would be in serious trouble now. Also I insure the building and my contents, fixtures & fittings, If there was a fire I would not be insured. If I did it in my own home it would be my look out if there was a fire.
I do not do many of the inspections myself, but I do expect my inspector to take photos of anything untoward, or might raise a risk but it does sound s though this person took too many, but I would defend their right to do so.
I don’t think there is any doubt that landlords have to comply and accept responsibility for renting out safe and proper accommodation, but agents taking pictures of cupboards and laundry baskets and making someone feel violated? That’s not right and I think the OP has every right to refuse the photographs of that nature. in the future. There is a world of different between taking pictures for the purposes of compliance and safety, to that of just downright invasion of a tenant’s personal belongings and their right to exclusive possession . What a dreadful experience to have to go through and every three months too! Awful! They should contact the redress scheme. I would. I wonder as has been said, would a landlord welcome that intrusion.
The agent is a ‘piggy-in-the-middle’ between the landlord and tenant.
If there are problems with the property in the future, the proof is there to show they were not there at X date.
Equally a timeline of the condition of the property can work in the favour of the tenant WRT return of deposit.
The most frequent problem I see is condensation and damp. Therefore a timeline of the condition of the property, including the inside of cupboards and wardrobes is most useful in determining when the problem started and attributing causation.
Equally radiators (for example) if they are being used to dry clothes and the ingress of rust.
Doors if they fit/misfit their frames, if they’ve been damaged or if all of the deterioration can be attributed to wear and tear.
I think the tenant and landlord should be grateful to the agent for doing such an unbiased comprehensive job.
I can understand, to some extent, pictures being taken of non-compliance with the agreement or of disrepair (however caused), but not for evidence of compliance.
I can see no justification for taking pictures showing that everything is OK. (Pictures in common areas excluded).
When I do inspections, I do not take photos; I write down what the issues are, discus them with the tenant at the time, then send tenant a letter stating what issues were found, who is responsible for addressing them (tenant or me) and timescale for addressing them.
I always ask before looking in wardrobes or cupboards, and explain what I am looking for (signs of damp/mould etc).
I would expect an agent to make records only of breaches of the agreement and report to landlord “all OK except for X, Y and Z.