davidjohnbutton
03-03-2007, 13:09 PM
I had an interesting exchange with a tenant of a client (my brother in law) who buggered off from a property without giving notice claiming there was an issue with the heating system. He claimed he had left middle of December 06 in a letter and had lost the contact detals for the landlord due to his phone "crashing". Tenant also avoided giving his new address which turned out to be a housing association let! (got his new address by BIL phoning and saying mail at old house for him and one looked like a cheque!!! Tenant reluctantly gave up new address then!!!)
Checked with local authority and neighbours - it turns out that tenant had left previous week 3rd Feb. So, letter off to him at new address deanding rent arrears and rubbish cleared.
Tenant phones me - I can hear some bips on the line (ah - he's recording the telephone call). Says he made mistake and admits he moved 3rd Feb - will not say why he wrote middle Dec.
Anyway, the tosspot is arguing the amount of ret due and says will pay at 5 a week. I have told him in writing £20 a week and given him a final - non-negotiable figure of arrears and told him I am placing him on notice to keep the tape recorded conversation as I will want a transcribed copy if/when it goes to court.
So all being well, I will have clever clogs admitting on tape his attempted deception and me sticking to my guns over the arrears etc.
So why am I telling you all this? Its to sound a warning that you calls to and from a tenant could be recorded - there is nothing illegal in what this tenant did and there is conversely nothing wrong in a landlord recording his conversation with his tenant. As long as one party to the call s aware of recording equipment, its not illegal for the the other one to be unaware!
This differs from telephone tapping where neither of the speaking parties is aware - that is illegal!
Checked with local authority and neighbours - it turns out that tenant had left previous week 3rd Feb. So, letter off to him at new address deanding rent arrears and rubbish cleared.
Tenant phones me - I can hear some bips on the line (ah - he's recording the telephone call). Says he made mistake and admits he moved 3rd Feb - will not say why he wrote middle Dec.
Anyway, the tosspot is arguing the amount of ret due and says will pay at 5 a week. I have told him in writing £20 a week and given him a final - non-negotiable figure of arrears and told him I am placing him on notice to keep the tape recorded conversation as I will want a transcribed copy if/when it goes to court.
So all being well, I will have clever clogs admitting on tape his attempted deception and me sticking to my guns over the arrears etc.
So why am I telling you all this? Its to sound a warning that you calls to and from a tenant could be recorded - there is nothing illegal in what this tenant did and there is conversely nothing wrong in a landlord recording his conversation with his tenant. As long as one party to the call s aware of recording equipment, its not illegal for the the other one to be unaware!
This differs from telephone tapping where neither of the speaking parties is aware - that is illegal!