Ll wants to photograph property (including my possessions) for "Marketing purpses"

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    Ll wants to photograph property (including my possessions) for "Marketing purpses"

    Received notice from landlord stating "we will be accessing your flat on xx/xx/xx to take photographs for Marketing purposes. Please make sure room is clean and tidy"
    I have an AST, am a tenant in good standing for 5+years. When I wrote "I am concerned about this, who are you marketing my flat to???" I did not receive an answer, but a thinly veiled threat to "activate 60days clause in AST. "(termination of lease?)
    I do not wish my private property to be photographed, and especially do not wish photos to be placed in the public domain. I'm also not the cleaning/tidy staff!

    Any help/insights as to the legality of the situation very much appreciated. DN

    #2
    Did you agree via your tenancy agreement that they can do something like this?

    In any case, you can always try replying "No you won't."

    Give Shelter a call and see what they say.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      It is unlikely the agreement has permission to do this, but check. You will be aware that thanks to Thatcher's 1988 Housing Act a landlord can evict you for no reason at all: (not 60 days notice but at least 2 months, and the notice does not end tenancy nor compel tenant to leave, only court & bailiffs can do that).

      He may be selling the place (that does not end your tenancy nor compel you to leave either) or be planning to advertise it for rent (ditto).

      You are at liberty to politely decline or agree subject to conditions (eg rent down by 50% during marketing.., or whatever you wish: Unlikely to be well received). I would only agree to photos of HIS property, not permit any of YOUR goods to be photographed.

      You could be cunning: Agree, subject to such terms as you wish, to photos then when he wants say a survey or to show buyers round etc etc etc demand more £££££. But I suspect he'd evtc you, eventually, but you could have some fun.

      If he proves difficult, change the locks, retain old lock and replace it when you eventually depart.

      NB Beware, landlord may be viewing this thread.

      NNB Does he live in the same building?
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Originally posted by theartfullodger View Post
        It is unlikely the agreement has permission to do this, but check. You will be aware that thanks to Thatcher's 1988 Housing Act a landlord can evict you for no reason at all: (not 60 days notice but at least 2 months, and the notice does not end tenancy nor compel tenant to leave, only court & bailiffs can do that).

        He may be selling the place (that does not end your tenancy nor compel you to leave either) or be planning to advertise it for rent (ditto).

        NNB Does he live in the same building?
        Thanks for the reply. LL does not live in building but has shop on ground floor.

        "a landlord can evict you for no reason at all: (not 60 days notice but at least 2 months, and the notice does not end tenancy nor compel tenant to leave, only court & bailiffs can do that)."

        Could you elaborate? how could you be evicted yet still be the tenant? Is it really the situation that anyone renting in the UK has potentially no more than 2 months security in their home, according to the whims of LL?? Wouldn't any LL selling (or even in a dispute with tenant) then just turf out their sitting tenants?

        Of most interest- AM I obliged to let them photograph my property (it does make their slum look good!) and make the place nice for their photo shoot? I want to give them a Foxtrot Oscar notice, but you're saying they could put me on the street on a whim?

        Comment


          #5
          Originally posted by Dave N View Post

          Is it really the situation that anyone renting in the UK has potentially no more than 2 months security in their home, according to the whims of LL?? Wouldn't any LL selling (or even in a dispute with tenant) then just turf out their sitting tenants?
          Pretty much yes, it's a s21 no fault eviction, as an AST is the most common form of private tenancy. Apart from older tenancies pre feb 1997. Then the landlord has to harass you properly if he wants you to leave 😐

          Comment


            #6
            Originally posted by Dave N View Post
            Could you elaborate? how could you be evicted yet still be the tenant? Is it really the situation that anyone renting in the UK has potentially no more than 2 months security in their home, according to the whims of LL?? Wouldn't any LL selling (or even in a dispute with tenant) then just turf out their sitting tenants?
            Assuming we are talking about assured shorthold tenancy, which will generally be the case in private residential lettings where the landlord does not live in the same building, then the landlord can serve a section 21 notice on the tenant where the notice period must generally be of at least 2 months long (and almost certainly can only expire on or after end of fixed term). The notice does not have to cite any reason, though it cannot be given within the first 4 months from the very first tenancy starting if in England.

            There's a number of things which could prevent a notice from being valid, but apart from one, they're all rectifiable by a landlord who may want to serve notice.

            However, expiry of the notice does not end the tenancy. The landlord must within 4 months of the notice expiry* apply to court for an order of possession, and then obtain a warrant, and then have it executed by bailiffs. All round, average about 4 months from court claim to actual eviction.

            Originally posted by KeepTheFaith View Post
            Then the landlord has to harass you properly if he wants you to leave 😐
            Harassment and illegal eviction is a criminal offence.....

            * In England. Exceptions applies.
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment


              #7
              Originally posted by Dave N View Post
              "a landlord can evict you for no reason at all: (not 60 days notice but at least 2 months, and the notice does not end tenancy nor compel tenant to leave, only court & bailiffs can do that)."

              Could you elaborate? how could you be evicted yet still be the tenant?
              A S21 notice for possession is the landlord saying "I would like my property back. If you do not leave voluntarily, then I may start legal proceedings to have you evicted. I will not start legal proceedings before stated date (which must be at least 2 months after service)." T can then attempt to negotiate a mutually agreeable date to end the tenancy or wait for legal action (for which T likely has to pay, unless the notice is defective).

              If T does not leave, then LL applies to court for a possession order.
              If order granted, then T is given date to vacate.

              If T does not vacate, then LL has to apply for the order to be enforced (bailiffs or HCEO).

              The tenancy ends when the tenant leaves, either voluntarily or when evicted by bailiffs or HCEO.

              So, you cannot be evicted yet still be the tenant; you cease being the tenant when you are evicted (or give possession back to the LL).


              Originally posted by Dave N View Post
              Of most interest- AM I obliged to let them photograph my property (it does make their slum look good!) and make the place nice for their photo shoot? I want to give them a Foxtrot Oscar notice, but you're saying they could put me on the street on a whim?
              You are not obliged to let them photograph your property (unless, maybe, if you have agreed to that in your contract).
              You are not obliged to tidy the place for photos.
              You are not even obliged to keep the property tidy, unless the untidiness is causing damage to the property.

              If the LL will not be reasonable and explain why he wants the photos, then there is no reason for you to be reasonable and allow it.
              The worst that can happen is he issues a S21, but it seems like he is heading that way anyway.

              As artful said at #3, you might consider changing the locks (if you can bear the expense).

              Comment


                #8
                Originally posted by Dave N View Post

                Thanks for the reply. LL does not live in building but has shop on ground floor.

                "a landlord can evict you for no reason at all: (not 60 days notice but at least 2 months, and the notice does not end tenancy nor compel tenant to leave, only court & bailiffs can do that)."

                Could you elaborate? how could you be evicted yet still be the tenant? Is it really the situation that anyone renting in the UK has potentially no more than 2 months security in their home, according to the whims of LL?? Wouldn't any LL selling (or even in a dispute with tenant) then just turf out their sitting tenants?
                Yup, pretty much what Thatcher''s Act says.. see for timescales and process
                https://england.shelter.org.uk/housi...eviction_takes

                - although Scotland has now abolished the "for no reason" eviction process.
                ...
                Of most interest- AM I obliged to let them photograph my property (it does make their slum look good!) and make the place nice for their photo shoot? I want to give them a Foxtrot Oscar notice, but you're saying they could put me on the street on a whim?
                Unless your tenancy agreement states you HAVE to let them photograph it, no: So tell them Foxtrot Oscar: But expect an s21 notice by return.

                Sorry: Call Shelter helpline 0808 800 4444 for confirmation.
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  If you contest a s21 notice in court and wait for the bailiffs to come then you (probably?) will have to pay landlords legal and bailiff fees, not sure roughly what amounts we are talking here?

                  Comment


                    #10
                    Originally posted by KTC View Post

                    Harassment and illegal eviction is a criminal offence.....
                    If you can find someone to enforce it. No tenancy relations officer in my council. Housing Options say Private Sector Housing deal with it and HO say PSH deal with it! 🙄

                    Comment


                      #11
                      Originally posted by KeepTheFaith View Post
                      If you contest a s21 notice in court and wait for the bailiffs to come then you (probably?) will have to pay landlords legal and bailiff fees, not sure roughly what amounts we are talking here?
                      Only if you lose.

                      County court possession issue fee is currently £355, while PCOL is £325.
                      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                      I do not answer questions through private messages which should be posted publicly on the forum.

                      Comment


                        #12
                        Originally posted by KeepTheFaith View Post
                        If you can find someone to enforce it. No tenancy relations officer in my council. Housing Options say Private Sector Housing deal with it and HO say PSH deal with it! 🙄
                        Can always sue civilly for damages for the harassment or illegal eviction. Also since 2017 make it possible for tenant to apply for a rent repayment order.
                        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                        I do not answer questions through private messages which should be posted publicly on the forum.

                        Comment


                          #13
                          Originally posted by KTC View Post

                          Can always sue civilly for damages for the harassment or illegal eviction. Also since 2017 make it possible for tenant to apply for a rent repayment order.
                          It does seem a civil case for harassment and breach of quiet enjoyment has the best results from my reading around. It's the support thing if the council does it for you which made it seem an attractive option. It amused me that the 'holding' music whilst on the phone to the council private sector enforcement department was the rather apt 'I want to hold your hand'!

                          Comment


                            #14
                            Thanks for the informative replies all. Impressive! (and helpful)

                            cheers, DN

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