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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
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Experience:  Solicitor
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I am the tenant in a property that I have had for about six

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I am the tenant in a property that I have had for about six months. We took out a three year tenancy. The owner has decided they want to sell and has accessed house and taken internal photographs, including, obviously, all of our possessions. They are using these photographs advertise the property online. I specifically said that I did not want any internal photographs taken and the owner told me that this would not be necessary as she already had internal photographs of her own. Is she allowed to access the property, take photographs, and use these photographs online?

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Does the Landlord have right of access in the tenancy agreement?

Customer: replied 4 months ago.
The landlord has right of access for emergencies only or for property inspection. She was given access to ‘inspect’ the property and I specifically said I did not want any photographs inside. I did not know that she was meeting in a state agent there but I did suspect it

Ok - then the Landlord is in breach. What is it you want to ask me about this?

Customer: replied 4 months ago.
What should I do?

What is it you want to achieve?

Customer: replied 4 months ago.
I would like the photographs of the interior of the property removed from the Internet by the estate agent.
There is a break clause which can be activated in September and the lease provides for viewings in the last two months of the tenancy. I have not received any notice despite the fact that I have asked on three or four occasions if she Intends to give notice she is avoiding the question. It is very clear that she wants to sell the house but she is trying to arrange it so we continue to pay rent until she finds a purchaser. It is a very unhappy situation as when we took the tenancy on the house was in a very poor state of repair and she said that she did not have any money to sort it out. We agreed to sort out all the work that needed doing at our own cost in exchange for a rent reduction of £200 per week. The idea was that over the three-year period we would recover our outgoings. If she gives notice early we will not recover our outgoings. Initially she said that she would reimburse this but she has now changed her tune on this.
As you can imagine I’m fairly annoyed and I do not want to facilitate viewings and I certainly do not want photographs of the interior online

Ok - you should ask for this to be done. They are potentially in breach of the Data Protection Act 1998.

If they refuse you can then complain to the Information Commissioner.

They will consider the complaint, report back to you and prosecute if necessary.

They are at: www.ico.org.uk

You can also complain to the Property Ombudsman. They offer a free, independent service at:

https://www.tpos.co.uk/

That should resolve the matter.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 3 months ago.
Jamie
They have removed the photographs from the website. Thank you for your support

Happy to help!