Can a Landlord Take Property Photos Without Consent in Scotland?

If you rent a home in Scotland, you may be concerned about your privacy—especially when your landlord or letting agent requests access to take photos. This article explains whether landlords can legally take property photos without your consent, what the law says, and how you can protect your privacy and tenancy rights.

Your Privacy Rights as a Tenant in Scotland

Scottish tenants are protected by privacy laws and tenancy legislation designed to ensure that landlords respect your right to quiet enjoyment and reasonable privacy within your home. The key legislation includes the Private Housing (Tenancies) (Scotland) Act 2016.^[1]

Your landlord generally must:

• Give at least 48 hours’ written notice before entering the property (unless it’s an emergency)
• Have a valid reason for entry (such as inspections or repairs)
• Respect your right to refuse entry at unreasonable times

Are Landlords Allowed to Take Photos Without Tenants’ Consent?

Landlords often wish to take photos for inventories, advertising, or to record repairs. However, taking photos inside your home—especially if personal belongings are visible—raises privacy issues.

• For advertising: Landlords or agents must get your express consent before taking marketing photos while you are still living there.
• For repairs or inventories: Photos should only be taken as necessary, and you should be informed in advance. Consent is recommended, especially if your belongings appear in the images.

The Information Commissioner’s Office (ICO) states that images of your possessions may be considered personal data under UK data protection law.^[2]

Summary of Key Consent Points

• Consent is always required when marketing photos are taken while a tenant is in residence
• If you say no, your landlord should not take or use photos containing your belongings for adverts
• For repairs or inventories, you can request that no personal items are photographed

As a tenant in Scotland, you have the right to set clear boundaries on landlord entry and the taking of photos. Always communicate your wishes in writing for a clear record.

What to Do If a Landlord Takes Photos Without Your Consent

If you believe your landlord has taken or used property photos without your consent, you can take action. Here’s how:

• Step 1: Write to your landlord, stating your concerns and asking them to delete or not use any images taken without your consent.
• Step 2: If the issue is not resolved, contact your letting agent’s complaints process or raise the matter with your local council’s Private Rented Housing team.
• Step 3: For potential breaches of data protection, submit a complaint to the Information Commissioner’s Office (ICO).
• Step 4: If your landlord repeatedly enters the property or takes photos without consent, consider applying to the First-tier Tribunal for Scotland (Housing and Property Chamber).

Relevant Forms for Tenants

• Application to First-tier Tribunal (Housing and Property Chamber): Use the Eviction Application Form or the Repair Application Form if the issue is related to repeated unauthorised entry or harassment. For example, if your landlord continues to take photos without consent, you might use the Repair Application Form to raise a complaint related to privacy breaches. Find all application forms on the First-tier Tribunal for Scotland website.
• Complaints to the ICO: If your personal data or images are used without consent, make a complaint using the online ICO complaint form.

The First-tier Tribunal for Scotland (Housing and Property Chamber) handles all matters relating to residential tenancies, privacy breaches, and landlord conduct in Scotland.^[3]

FAQ: Common Questions About Landlord Photos and Privacy in Scotland

1. Can a landlord enter the property and take photos without notice?
   No, your landlord must give at least 48 hours’ written notice, except in an emergency. Taking photos without appropriate notice or your consent may breach your privacy rights.
2. Can I refuse to have property photos taken while I still live there?
   Yes, you have the right to refuse consent for marketing photos or any images containing your belongings while in residence.
3. What should I do if my landlord uses photos of my personal items in adverts?
   Contact your landlord in writing to request removal of the image, and if unresolved, escalate to the ICO or the First-tier Tribunal for Scotland.
4. Are external photos or communal area photos allowed without consent?
   Generally, photos of exteriors or communal areas may be allowed, but you should still be informed as a courtesy, especially if your privacy is affected.
5. Is consent required for photos taken during repairs or inspections?
   It is good practice for landlords to request consent for any internal photos, and you can request that personal items are not included, even during routine inspections.

Conclusion: Key Takeaways

• In Scotland, landlords need your consent to take and use property photos for advertising while you are in residence.
• You have the right to privacy and to refuse photographs that include personal belongings.
• If your privacy is breached, you can make a complaint to the ICO or the First-tier Tribunal for Scotland.

Understanding your rights around landlord entry and property photos helps you maintain your privacy and take action if needed.

Need Help? Resources for Renters in Scotland

• First-tier Tribunal for Scotland (Housing and Property Chamber) – for tenancy disputes and privacy complaints
• Scottish Government – Renting and your rights
• Information Commissioner’s Office (ICO) – data protection and privacy issues
• Shelter Scotland – Housing advice and advocacy

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Information Commissioner’s Office: Your right to privacy at home
3. First-tier Tribunal for Scotland (Housing and Property Chamber)

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