Hi,
my tenant has been doing voice recording on my visits following Notice to vacate.He doesn’t have my permission. Is he legally allowed?
You are in his home and as long as they want to keep it for personal use, it’s lawful. And if you continue to speak while knowing that you’re being recorded, you’ve effectively given your consent.
If you do not consent, state this to them in writing and, if you visit, simply write down what you want to say on your phone and show them the message. Awkward but effective.
The bigger question is why do they feel they need to do this. It implies that they see you as a threat.
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It’s the same as taking notes
“Is it Legal to Record Conversations in the UK?
Yes, you can legally record conversations in the UK if you are a participant, for your own personal use. Under the Regulation of Investigatory Powers Act 2000 (RIPA), individuals can record their own phone calls and conversations without informing the other party, provided the recording is for personal use only.”
[source recordinglaw dot com]
They are presumably trying to gather any evidence they can for use in court, eg if you appear to be evicting them as revenge for them making a complaint, or say you are evicting them for a different reason than given [if you are using s8 grounds]
[suggest you ask for permission and record yourself]
Good luck
Thanks a lot David. Now they want communication thorough WhatsApp only.
My contract only mentions letter and email
I
The contract bit will be about how notices are served.
It doesn’t and shouldn’t preclude other means of communication for normal tenant - LL conversations.
But given the situation I would stick to email and a hard copy by letter for anything official or that might possibly be used in court. Whatsapp messages can ‘disappear’.
They may be asking for whatsapp having been told their personal use records can’t be used for court evidence. At least with email or a letter it’s probably a tad easier to pause, put a draft to one side and look again the next day before pressing send.
Good luck
After 1 May, they will also be able to serve notices by whatsapp or any other means as the Renters Rights Act permits this.
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If you’re entering their home with the proper Notice to Vacate they can legally record the visit. Tbh the sensible play is to keep what you say short and factual, stick to the paperwork, and follow every visit with a dated email or text summarising what was said and any notices applied, and take photos where relevant; those timestamps are useful if it ever goes to court. Also maybe ask calmly why they’re recording?
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