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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7613
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a tenant and have inspections every three months. At

Resolved Question:

I am a tenant and have inspections every three months.
At the last inspection the inspectors took pictures is that legal?
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. What does your tenancy agreement say about visitations and photos?
Kind regards.
Customer: replied 5 years ago.
I doesn't say anything. Plus the never renewed our contract after the 3rd year.
Expert:  Thomas replied 5 years ago.

Thanks for your reply.

Usually a tenancy agreement might say that the landlord/agent is permitted to make visitations upon reasonably notice for the purpose of checking the state of the property. If the last tenancy agreement did not state this then you are under no obligation to permit the access if you are not inclined to.

Check your tenancy agreement to ensure that the clause is not there and then refuse on this basis.

If you don’t mind the visitations but just do not wish to for photos to be taken and there is no clause permitting visitations then just state this to them as a condition of you granting access.

If there is a clause permitting visitations then if you refuse then you would be in breach of contract. The contract governs your situation and if there is no clause stating that photos are allowed to be taken then you can refuse. In reality though, if they did take photos there is not really that much that you could do to enforce the breach. Litigating on the point would be pointless, because you can only get compensation for direct loss that you suffer under English contract law.

I can’t really see that there is a claimable head under a breach of privacy either really unfortuanately. My advice would be to check the last tenancy agreement you had and then practically and pragmatically attempt to manage the situation. The downside is that you are now occupying under a Statutory Periodic tenancy, so they could serve a s21 notice at any time for any reason and apply for an order for possession once the notice has expired (notice period two months).

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Kind regards,

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