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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My daughters former landlord took photos of her former home

Resolved Question:

My daughters former landlord took photos of her former home & possessions without permission. Does my daughter have the right to ask her not to use these photos for marketing purposes and/or forward to other parties. Landlord is a limited company & one of the directors let themselves into my daughters home without permission?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did the landlord have permission to enter please?
Customer: Hello Alex & thank you for speedy response. No she let herself into the property without permission & took the photos without permission. This happened throughout the tenancy!
Alex Watts : In the tenancy agreement does it allow the landlord access please?
Customer: Yes, it does but in this instance LL arrived unannounced & let herself in with keys.
Customer: Really we would like her to either delete the photos and/or not use or share. Is that possible?
Alex Watts : If the landlord has a right of entry then sadly you can't get the photos deleted.
Alex Watts : but if there is anything that identifies your daughter, such as pictures with bank statements in, photos with pictures of her in, they can be deleted.
Alex Watts : But if there are generic pictures that do not identify her, sadly she can not insist they are deleted.
Alex Watts : I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please
Customer: Hi Alex,
Customer: It was my understanding that LLs can't insist on access whatever is in the agreement. And that if she enters when declined its a criminal offense. Is this not the case? Re the nature of the photos they are of her possessions, but not of herself or bank statements. Art, clothes & furniture.
Alex Watts : No that is wrong,
Alex Watts : Normally the agreement allows for reasonable access with 24 hours notice.
Alex Watts : Save for where there is an emergency
Alex Watts : But if access is refused, no it's not criminal
Alex Watts : Sadly if they are just photos of the property with possessions in the background, rather than specific photos of art etc then there would be no right to insist on removal.
Alex Watts : i am sorry. Does that clarify?
Customer: Hi Alex, yes could you clarify actually. There is a lot of information on fairly official sites saying that LL cannot enter a property (except in emergency) unless the tenant has agreed & that's always been my understanding.
Customer: are you saying a LL can enter a residence without permission?
Alex Watts :

If it is in the contract yes.

Alex Watts :

Which you say it is

Alex Watts :

If its an emergency yes

Alex Watts :

If the landlord does not, it is not illegal - but it would be breach of contract

Alex Watts :

That means its a civil matter, not a criminal matter

Alex Watts :

Does that clarify?

Alex Watts :

If the Landlord keeps doing it, possibly it is harassment under the Protection From Harassment Act

Alex Watts :

But this can be civil as well as criminal, but the Police are likely to treat this as a civil matter

Alex Watts :

Does that help?

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