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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 32257
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have my next door neighbour taking photos of my garden

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Hi , I have my next door neighbour taking photos of my garden cause we feed the birds and we put a tray on the floor / grass complaining that this attract rodents
JA: What are you located? It matters because laws vary by location.
Customer: Is she allowed to take photos of my garden ?
JA: Has anything been filed or reported?
Customer: Crawley, West Sussex
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: It’s second time she takes photo and use them for an email complaint towards my landlord/ agencyCustomer: Chat is completed

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above. May I confirm if you have raised the issue with your neighbour and asked them to stop taking photos of your garden please?

Customer: replied 16 days ago.
Hi Joshua , thanks for your help
No , I haven’t spoke to them
Customer: replied 16 days ago.
I will prefer to keep the conversation on chat pls

thank you. There is no right to take photographs or record images in an area where someone has the expectation of enjoying privacy. This would include a private garden.

Taking photos of your garden would constitute a breach of the data protection act and you are right for copies of the photos and demand that the photos are destroyed. Because your neighbour is taking photos of your garden, the data protection act 2018 places substantial obligations on an individual recording imagery of your private garden. For example he will be obligated to comply with the data protection act 2018 which puts upon him owners obligations which he will find difficult to satisfy as they are designed for business. For example, he would need to erect a notice stating the purpose for which he is taking photos, who to contact in order to obtain records of images recorded, producing a policy to explain the justification for taking the photos and retention policy for recorded images, a privacy policy, a data subject access policy and so on and so on.

he is unlikely to be able to comply with all of the above requirements as there is objectively unlikely to be any justification for his taking photos of your garden and as such, given that he will of easily have failed to comply with any of the above requirements and in any event will not be justified in taking photos in the first place which is a further requirement of the act, you can raise a complaint with the information Commissioner in respect of your neighbours activities in this respect which can impose a substantial fine

https://ico.org.uk/make-a-complaint/

you can also raise a complaint with the police as taking photos in your private garden will amount to a statutory nuisance and also likely an offence under the protection from harassment act.

finally, there is redress in the County Court's yourself if you prefer alternatively if for some reason either of the above approaches do not fully deal with the issue whereby you could serve a cease-and-desist notice and subsequently seek an injunction on grounds of common-law nuisance:

https://www.gov.uk/government/publications/form-n16a-application-for-injunction-general-form

https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7

Customer: replied 16 days ago.
Thank you for your help , Joshua . I will fill a complaint against them , do I need to ask the landlord/ agency for complainant name in order to fill the form ?

may I clarify, is the next door neighbour a tenant or do they own the property?

Customer: replied 16 days ago.
They own the property and I believe they r family related with our landlord

thank you. You could ask the lettings agent for details of the name of the next door neighbour. I was expecting to add that there is no reason the landlord would necessarily know them but based on your above comments, it is of course quite possible that they may.

If the agents or landlord are difficult in terms of providing you with the information or this do not have it, then a simple alternative approach would be to obtain a copy of the title for the next door property from the land registry for 3 pounds from the following link which will show details of the name or names of the owner(s):

https://www.gov.uk/search-property-information-land-registry

Customer: replied 16 days ago.
Thank you , That’s really helpfull . I will ask the agency for their details, if not I will use the link provided

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Customer: replied 16 days ago.
This was my concern, if they r allowed to take photos of my garden claiming that setting a tray with birds food on the grass it’s forbidden and that cause them discomfort
Customer: replied 16 days ago.
File attached (PT35VSG)

I cannot see any reason why you should be restricted in feeding birds. If you are leaving food out in such a way that is attracting vermin, that may be a different matter but there should be no reason you should be able to feed birds I cannot see that complaint in this regard has any merit in and of itself

Customer: replied 16 days ago.
I’m sorry but I’m a bid confused, their complaint has no merit or me filling a complaint against them ?

it would be my view thaat their complaint against you in relation to your activities causing them a nuisance has no merit. by contrast, your complete against them would appear to have solid ground

Customer: replied 16 days ago.
Many thanks Joshua for making this clear to me . Have nice day and thank you for your support.
Regards ,
Narcis Stoica

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Customer: replied 16 days ago.
Joshua mate , my housemate says that we cannot make a complaint against them as we r not the owners , we renting this place . Is that true ?thank you

a tenancy of the property is an interest in the property in its own right. The interest is as you say subordinate to the owner of the property's interest but it entitles you to assert rights in respect of the property and by extension, complaints in relation to adjoining owners as we have discussed above in your own right.

Customer: replied 16 days ago.
Thank you Joshua, very kind and helpful. I will go ahead with the complaint. I has afraid I’m not entitled to do so . All the best

I'm glad the above was of some assistance

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