Managing Agent breach of privacy issue

[LC4OA]

I’ve just discovered from my tenant that my managing agents’ surveyors sent a camera on an extending pole up and onto my balcony to take photos. This was done without any prior communication or permission. My tenant is a young, single Mum with a young son who was in the property at the time. She was extremely shocked to see this camera taking photos through the bifold doors.
Is this a breach of privacy and what would my recourse be?
thanks

[Gordon999]

Apply to the local magistrates court for removal of camera from looking into your flat.

[LC4OA]

It is not there permanently but obviously could happen again. I believe it was the managing agents who did it as I’ve just received a S20 for the 5 yearly external decorations.
The camera appeared on my roof terrace/balcony 3 storeys up without any prior warning, intruding on the privacy of my tenant and her son.
Do you think I have any recourse?

[Gordon999]

If its been placed there for 5 yearly external decorations, it may be a temporary security camera against burglars entering the building . You should raise your complaint to the managing agents .

[Section20z]

I’ve just discovered from my tenant that my managing agents’ surveyors sent a camera on an extending pole up and onto my balcony to take photos. This was done without any prior communication or permission. My tenant is a young, single Mum with a young son who was in the property at the time. She was extremely shocked to see this camera taking photos through the bifold doors.
Is this a breach of privacy and what would my recourse be?
thanks

No different to a bloke nipping up a ladder or scaffold to inspect the property and probably saved you a lot of money on your service charge.
You could sue for the distress I suppose but you would only end up paying for it on the service charge.
Best advice is try to get over it.

[Milhouse]

My understanding of the original post is:

- Your property is tenanted, you do not live there and it is your tenants who reported this to you
- The camera was on a pole and carrying out some form of building inspection (I assume a contractor was holding this camera on a pole to do the examination work, it's not there now).

The managing agent/contractor should have been sensible and informed residents this was taking place, as it's your tenants who reported this are you absolutely sure a letter drop was not carried out to the flats or a notice was not put up in a common area?

Legally, do you have any recourse? Not really.

It would only become a legal issue if a) The images were taken for the purpose of being indecent b) It amounted to harassment and continued over and over again c) Privacy breach - a difficult one to determine in UK law, the photohrapher was in public (outside) and taking photos for the purpose of the inspection. Not to try and photo occupants. It then depends on what the photos are used for - are they putting photos all over facebook? No. They are using them interally for an inspection.

I can go on Google Streetview and see inside people's houses with the curtains open as look down the road.

You could ask for a copy of the photos for reassurance.

The advice from 'Section20z' above is good.

[theartfullodger]

Tenant is the one who should take action asking for copies.

Single mum might be "surprised and offended" if you tried to get copies of photos of the inside of her home, her property, which she hadn't had copies of.

I certainly would be, male aged 73, were you my landlord.

[nukecad]

No different to a bloke nipping up a ladder or scaffold to inspect the property

It is different as there is now a photographic record.
So it's the same as a bloke nipping up a ladder and taking photos.

To know if there has been any actionable breach of privacy you would have to know what is on the images.
This is a pretty good quick guide to photography and privacy:
https://www.blpawards.org/competition/photo-rights

TBH I'm only surprised it was a camera on a long pole and not a drone, everyone and their grandad seems to use drones these days.

[Section20z]

I'm only surprised it was a camera on a long pole and not a drone, everyone and their grandad seems to use drones these days.

Well, drone law is more specific that

• You must not fly within 50 metres of people, vehicles, buildings or vessels

and anyone with a CAA licence is unlikely to take the risk.

[Milhouse]

Unless you have a CAA licence and can operate commercially, in which case if you're the building owner you can drone survey your own site, in fact we are about to do it on ours (albeit we are warning residents in advance )

[nukecad]

There are plenty of companies offering drone building/roof inspection services, here's just one:
https://dronephotographyservices.co....ys-inspection/