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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!

minniemousemat
03-03-2007, 14:51 PM
Would point out that all he has to do is deny it is him speaking... unless you are prepared for the voice-expert witness (and associated costs) I wouldn't depend on any phone calls. Sorry, know how annoying it is.

Ericthelobster
03-03-2007, 15:37 PM
Would point out that all he has to do is deny it is him speakingErm - don't quite follow that, as it's the tenant's own recording!

homeless
04-03-2007, 19:19 PM
im pretty sure the law regarding this is that you cannot use in court evidence gathered in this manner. ie unless you state at the start of the conversation that you are recording the conversation with the other party agreeing it will be thrown out of court as evidence gathered illegally.

Poppy
06-03-2007, 11:15 AM
im pretty sure the law regarding this is that you cannot use in court evidence gathered in this manner. ie unless you state at the start of the conversation that you are recording the conversation with the other party agreeing
That's understood.

it will be thrown out of court as evidence gathered illegally.
Not quite. It does not preclude the person recording using it as intelligence. The recording is not illegal, it is inadmissible in court if it does not meet the prescribed regulations.

Found a couple of links readers may like to look at:

Ofcom (http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm)
Home Office (http://security.homeoffice.gov.uk/ripa/interception/use-interception/?version=1)

SarahHarrison
13-01-2012, 14:38 PM
I've got a similar dilema. Im considering taking a tennant to court for 4 months in arrears. He confesses all and I've recorded it... but he would never do anything in writing and woulds always deny everything when asked... however - I'm not sure I'm allowed to use it as evidence. It's not my prefered way of dealing with things - but he's impossible to deal with.

spool
13-01-2012, 17:01 PM
I've got a similar dilema. Im considering taking a tennant to court for 4 months in arrears. He confesses all and I've recorded it... but he would never do anything in writing and woulds always deny everything when asked... however - I'm not sure I'm allowed to use it as evidence. It's not my prefered way of dealing with things - but he's impossible to deal with.

You can use it in county court or tribunals but not in criminal court unless you provide evidence to how it was done, equipment etc In this way the defence can scrutanise the method.

This is why the court won't acept police bugging of phone calls, the police won't tell how it's done.....