Help Law Side Small CCTV now been told to remove by landlord

[aby2013 0]

So im new hope this is in the right place.

 

I live in a housing Association flat, long time ago police were involved after motorbike was kicked over they advised putting up camera. spoke to HA no probs. camera was up 1yr kids moved on took camera down.

 

the camera faces my car only and i turn it around so its not facing the road during the day so it faces my car 11pm till 6am.

 

Last month my new car got egged and keyed, put camera back up only to get email from housing to say i need to take it down as neighbor

has complained im recording them and children. I believe the neighbor who complained is the culprit we have had many a falling out. I have been told all permissions have been revoked and im in breach of tenancy

 

Section 3.5.2 of your tenancy states that you must not do or threaten to do anything which causes or is likely to cause a nuisance, annoyance or disturbance to our other tenants or to anyone living in, visiting or engaging in a lawful activity in the locality of your home.

 

The housing association say

The issue is that the camera is pointing at the public highway (road and pavement) as well as a communal path and lawn managed by Us. No one living in a flat has been given permission to have their own CCTV pointing at communal or public areas.

 

Do they really have a say of me pointing a camera at the piece of pavement of which my car is parked next to?

 

I also dont record anything its simply a deterrent, not really sure what they can do they have no right over the road and the camera is not facing any communal pathways or land owned by the housing association.

 

Any advise would be great i feel i will have to remove it during the day and just g clamp it to window cill during the night its only a small camera.

[aibudo 0]

In my opinion, that's a CROCK of a rule. I just had the opposite thing happen to me. My business is on a state highway and I put up two camera's outside, looking both ways towards tha front of my business. Our local police department ask me if I would raise the camera's enough to catch the highway intersections either side of the block that my business is in. There are 3 banks on one of them. They said that my camera's could help the community in case of accidents, mischief, etc. Just as soon as the weather allows, I will climb up and change the angle and zoom to accomodate our police department.

[aby2013 0]

I know the person complaining is the one doing it and the camera prevents hin. Obviously its not worth losing my home over it but I clearly do not record his children and if it was a problem why deliberatelly park beneath it?? So frustrating once again the moron wins.

[aibudo 0]

Unfortunately, we are in a time when it only takes one "complainer" to totally change the "rules/law". There can be "10000" in favor of something and "1" complaining about it violating there rights, and the "10000" end up having to give in. Well, at least, that's the way it's supposed to affect, but me,,,,,,,,,,,,

 

Dennis

[Kawboy12R 0]

I'd get an interpretation from a local lawyer with experience in privacy laws and HA squabbles. Our opinion doesn't matter because, totally outside of what you signed, laws are different in different states and countries and you didn't even say where you lived. What you signed doesn't specifically preclude you from monitoring your property from my interpretation of that little snippet you posted. Picking your nose in public could be used as grounds to throw you out- it's way too broad. The smoothest way would probably be to go through the board and take great lengths to convince them that you're taking big steps to only monitor your own property before showing them the lawyer's opinion. Personally, I'd hide one somewhere and record the vandalism anyway. It'd be good to know for sure even if you can't use it in a court of law. Use a good zoom for a closeup of your car if you can park it in the same spot every time to minimize any possible breach of privacy of your neighbours as a gesture of good intent. Personally, I'd never live in any place where my neighbours could force me to move for preventing vandalism as long as I wasn't mounting rocket launchers.

[tomcctv 187]

Do they really have a say of me pointing a camera at the piece of pavement of which my car is parked next to?

 

 

Hi. where are you located. if your in te UK then yes you could have a problem.

 

 

has complained im recording them and children. I believe the neighbor who complained is the culprit

 

 

people who object to CCTV always bring up recording kids. as you are not recording then you cant say you are or not. might be a good idea if you got a cheap recorder just so you can show HA what your camera is covering.

 

but again this all depends if your in UK or not.

[aby2013 0]

Hi thanks for your replays, yes sorry I am in the UK. HA say I'm recording communal areas of which I'm not only car the camerais zoomed to my car but obviously catches part of main rd and pavement which doesn't belong to the ha but the council.

[aby2013 0]

I'm thinking I can just pop camera out after dark that way when a HA officer visits in day its not seen. Neighbor can complain till he's blue in the face. Is it a police matter I'm pretty sure its not?

[tomcctv 187]

the camerais zoomed

 

the camera faces my car only and i turn it around so its not facing the road during the day

 

 

 

what type of camera are you using ???

 

 

sounds like your in a block of flats HA. so all areas outside will be classed as public space and you do need to follow steps to put a camera into public areas.

 

these steps can only be taken by building owner.

 

UK laws are also going to change this year which will make it harder for you to use in a public place.

 

 

one way to get out of your problem is to use a camera inside your car.

[aby2013 0]

Thank you for everyone's replays... I hadn't thought of that, its mounted to my window cill my car is parked on road side 8ft away I can swivel it around and face it back into my own property just seams so silly that this one person causing the problems can complain only to continue damaging cars once its removed. Especially as I originally had permissions for the camera before he said I recorded his children. Im a lone mother and although the car is not spanking new I worked damn hard last year my children forfeited days out & holidays while I saved just so we had a safe road worthy car that would last us. absolutely ridiculous that one jealous individual acts in this manor although nothing surprises me now.

[tomcctv 187]

I know what your saying....... everyone should have the right to protect what they own.

 

 

if it was something to do with there car then they will be knocking on your door to see if your camera seen anything.

 

 

just sent a PM to you.

[the toss 0]

just put up a couple of dummy or non-working cameras until people get used to them. Then swap it over to a real working one

[daviansmith 0]

In my opinion you should follow the law, and for this problem only advices will help you. For your surveillance systems hire professional CCTV installer to meet all your safety and security requirements

[hollow 0]

do you live in a house ? if so why not fit a new outdoor light (porch light) one of those that have a little camera hidden in them .

[M3NF 0]

Basically you can install a CCTV system for residential use on your own property and you do not need to get permission.... but if you rent you will need permission from who you rent from.

 

More details....

If your camera is installed on your residential property and being used for their own personal domestic use, you are not breaching the Data Protection Act, this is what CCTV System fall under legally. This is because the use of CCTV cameras for domestic security purposes is exempt from the data protection principles. This applies when a person uses CCTV to protect their home from burglary, even if the camera overlooks the street or other areas near their home.

 

If however you rent your home from a private landlord, council, or housing association then you will need to have permission from them first, as you would require fitting to properties that you do not own.

 

The Information Commissioner has indicated that CCTV systems installed on domestic dwellings does not require to be registered. You do not need to register your system with the police, but we would advice you let the local police know you do have access to CCTV for your area.

 

 

http://ico.org.uk/for_the_public/topic_specific_guides/cctv

[M3NF 0]

I just wanted to update this post as i wanted to personally check with the ICO where PTZ cameras stand and legal issue using them.

 

I can confirm you can use these for residential without having to get registered, even if they are used for non profit groups like i wanted to (Neighbourhood Watch groups) as long as you place signs up saying the use you are legal to install them. The only requirement for rented people is getting permission from who you pay the rent to as you will need to drill and so on. Make sure you ask for this in letter form so you have proof of this.

 

Advice was given not to monitor the system and spy on people but to set it up with a scan/sweep to cover the areas you need. Also use masking for private rooms if camera sweeps these.

[heckufaguy 0]

If it's a PTZ dome camera, it doesn't matter where it's actually looking, it's going to appear to be looking everywhere.

If it was me, and if you park on public property (street) then I'd put a wifi camera in my car. They cannot regulate your camera since it's in private property in a public roadway.

 

Short of that, you could try and hide the camera, but then any evidence gathered with it could lead you into a path of trouble.

[mikey99 0]

This topic is very interesting,and I have similar experience as the writer. To re-open this topic,I believe there is a solution to the problem. ----- Landlord,in this case Housing Association will not give permission---

First of all, I have to say this,, to everyone who is not a UK citizen. The law in UK is rubbish,most people will agree, secondly it gives more rights to the objector,enough said about that ----

Tenant has property being damaged by criminal, fact! Since the owner of said property denies right of tenant to take precautiionary measures to secure his own property then -- property owner is liable in the event of damage to tenants property while on site of owner,that is,housing association,then by common law,as laid down in magna carta, and since, thereafter, further laws ----- then housing association is responsible for such damage,as they own the site,and being aware of criminal damages caused to tenant,do nothing to secure the area using preventive deterrent measures,such as putting their own CCTV system in place,then they, the housing association,are liable for such damages and therfore must be responsible to cover costs incurred by the tenant!!!!

Notoriously difficult to ameliorate because the establishment do not like to buck the system,in this case, the outmoded attitude of some judges in such as this. However, even if the law,is using recent legislation to prevent action to solve this case,then -----

THE EUROPEAN COURT OF JUSTICE IS THE WAY TO GO! This will cost you nothing! Contact the European Court with a description of the problem and you will then get a formal application permission where you can then make application for the EUROPEAN COURT to take awareness of the unfair law in the United Kingdom.

The address is available on many webistes, google it and the address will show.

As a member state of the EUROPEAN UNION,THE UNITED KINGDOM IS SUBORDINATE TO EEC LAW,AND THERFORE MUST COMPLY WITH THE LAW OF THE EEC.