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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70512
Experience:  Over 5 years in practice
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Our nextdoor neighbour has installed, without consulting us,

Resolved Question:

Our nextdoor neighbour has installed, without consulting us, a surveillance camera in our shared porch. This is activated every time we step outside our front door and every time our car returns to our parking space - this is on our side of the property, not his. We have had no problems with this man and cannot see the need for the camera as there is no trouble in our Close.

Now, if we walk out to our recycling cupboard in the porch, to look after our front garden etc, this is all being recorded. The red light starts flashing when we move out from our door.

Surely this is not legal?

Would appreciate your advice.

J Cameron
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What do you want him to do? Remove it?

Have you asked him to remove it?
Customer: replied 3 years ago.

Hello Jo,


 


Firstly, we wish to know whether puttng us under surveillance is legal as it seems to us to be a breach of our privacy, i.e. our legal rights. If not, then there is no point in asking for it to be removed, or at least masked on our side of the porch.


 


We do not wish to speak to him until we know what our legal rights are.


 


 


 


 


Hello Jo,


 


Firstly, we wish to know what our legal rights are regarding this surveillance. There is no point in approaching him until this is clear to us. We do want this removed from our private property, or at least have the detector masked on our side of the porch.


 


We would consider this a clear breach of our privacy and for no reason we can think of.


 


 


 


 


 


 


 

Expert:  Jo C. replied 3 years ago.
This is probably a breach of your basic Human Right, the right to a private life.
It is also probably going to be a breach of the lease for installing something in the common parts of the property without the landlord's consent. It is something you can take up with the landlord.
If neither the landlord nor the other tenant take any notice of your representations, a solicitors letter threatening an application to court may produce the desired result. If it does not, you are going to have to take them both to court for an injunction to get the camera removed although you can ask the court to award the legal costs against them.
Can I clarify anything for you?
Jo
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