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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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. My flat mate vandalised my pictures in our shared living room as well as swearing

Resolved Question:

Hello.
My flat mate vandalised my pictures in our shared living room as well as swearing and shouting at me. I would like to know if it would be illegal or legal to put a hidden camera in the living room without her knowledge as 24h surveillance to catch her doing anything to my things or to me again.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

It is fine to put CCTV in shared spaces.

Alex Watts :

Clearly it can't be somewhere like a bathroom

Alex Watts :

But if you want to put it in the living room you can do that.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Ok thanks.. yes, are there any legal sources you have

Customer:

that prove this

Customer:

?

Customer:

And is it ok to put the cctv there without the flat mates knowledge?

Alex Watts :

The law is prohibitive in the UK. So unless you are stopped from doing something you can

Customer:

what does that mean?

Alex Watts :

Its not prohibited by law.

Alex Watts :

But for example voyeurism is illegal.

Alex Watts :

It means unless the law stops you from doing something you can do it.

Customer:

Ah okay.. so it's ok to put a camera there without Consent ?

Alex Watts :

For example, you can't kill someone because it is illega

Alex Watts :

* illegal *

Alex Watts :

That is because of the homicide act 1957

Alex Watts :

But if you wanted to sit at home naked - you can do this.

Customer:

Yes...

Alex Watts :

That is because there is no law to stop you

Customer:

Okay...

Customer:

there is no law to stop me from filming people in a shared living area without there consent

Alex Watts :

No,

Alex Watts :

This is no difference to being outside and CCTV on the street etc

Customer:

Please confirm that statement is true

Alex Watts :

But clearly you can't have it in the bedroom or bathroom

Alex Watts :

I confirm: there is no law to stop me from filming people in a shared living area without there consent

Customer:

Okay, brilliant thank you very much... And is it ok to tell the police about the vandalism and the shouting/swearing?

Alex Watts :

Yes of course.

Alex Watts :

The vandalism is a criminal offence but unlikely to be the swearing

Customer:

Can I gain compensation for any of it?

Alex Watts :

Only if you have suffered a loss personally, but this means you would have to pursue this as a county court claim

Customer:

Ok, how much would it cost to pursue a county court claim?

Customer:

(I am a student)

Alex Watts :

It depends on the value. The court fees are listed here:

Alex Watts :

https://www.justice.gov.uk/courts/fees

Customer:

Okay

Customer:

Also, the landlords haven't done anything about it... is it possible to sue them too?

Alex Watts :

No. Its a choice for the Landlord

Customer:

They have also put council tax in my name to avoid paying tax

Customer:

They have taken a long time in repairs and fixing things

Alex Watts :

Ok, well that is a different matter

Customer:

And they have threatened bailiffs and been very aggressive

Alex Watts :

You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Customer:

I think we will take them to court

Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Okay.. do you have any more advice about this?

Customer:

Do we have to pay to take them to court and if so, how much?

Alex Watts :

Not unless you have something specifc you want to know?

Alex Watts :

I can't say, you need to set out your losses and quantify your claim against them

Customer:

How much could we qualify for if we take them to court for tax avoidance and identity theft?

Alex Watts :

Tax avoidance is nothing to do with you.

Customer:

(they put our names on documents with out our knowledge)

Customer:

oK

Alex Watts :

That is a matter between the authorities and them

Alex Watts :

As for identity fraud this is also a matter for the Police

Customer:

Okauy, and the stress they have caused us?

Alex Watts :

For that you could maybe claim £200 or so

Customer:

Ok.. what about withholding deposits for no reason?

Alex Watts :

You can only sue for the interest on that. The base rate is 0.5% so that is very low

Customer:

Okay

Alex Watts :

Can I clarify anything else for you?

Customer:

What about lying to us face to face and over the phone?

Alex Watts :

You can't sue for that. People lie all the time

Customer:

So stating something is true but it is not on the contract etc

Customer:

ah ok...

Alex Watts :

Yes

Customer:

Okay. So, can i use the cctv as evidence if i need to?

Alex Watts :

Yes that is right

Alex Watts :

Does that help?

Customer:

Yes brilliant thank you

Customer:

and by the way

Alex Watts :

Great. Yes?

Customer:

do you have any legal sources

Customer:

for the cctv thing?

Customer:

and can a copy of this convo be sent to my email address please?

Alex Watts :

We have discussed this. Unless its illegal you can do this.

Alex Watts :

Once you rate the format changes and you can print it out

Customer:

Okay.

Customer:

Can you just confirm that it is NOT illegal then

Alex Watts :

Correct

Customer:

Okay great thank you!

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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