Hidden Cameras in Scottish Rentals: Your Rights & Next Steps

Discovering a hidden camera in your rental property can feel like a major invasion of your privacy. If this happens to you as a renter in Scotland, it's important to know your rights, the laws your landlord must follow, and the practical steps you can take to protect yourself.

Your Right to Privacy in Rented Accommodation

Laws in Scotland specifically protect tenants’ rights to enjoy their homes without unreasonable interference or surveillance. According to the Private Housing (Tenancies) (Scotland) Act 2016, tenants have the right to "quiet enjoyment" of their property. This means landlords cannot enter, disturb, or monitor your home except for specific, lawful reasons.^[1]

Are Landlords Allowed to Install Cameras?

In general, landlords in Scotland:

• Cannot install hidden cameras or recording devices inside your rented home, including bedrooms, living rooms, or bathrooms.
• May install security cameras covering communal or external areas (like building entrances), but these must not overlook private areas or be used to monitor tenants' movements inside their homes.

Any intrusive surveillance inside a private rented property without your explicit consent or knowledge is almost always unlawful.

What to Do If You Find a Hidden Camera

If you discover a hidden camera or recording device inside your home:

• Take photos of the device in place as evidence (do not tamper with or remove it if you feel unsafe).
• Note the exact location and any markings or model information on the device.
• Check if there is any mention of surveillance in your tenancy agreement or communications from your landlord.
• Consider alerting other tenants if it's a shared property.
• Contact Police Scotland, especially if you are worried about criminal activity or personal safety (& see next section).

Reporting Suspected Unlawful Surveillance

Secret or hidden recording is a potential criminal offence in Scotland, and can also give you grounds for formal complaint as a tenant. Your next steps may include:

• Reporting to Police Scotland if you believe a crime has been committed. Use the non-emergency number 101, or 999 in an emergency. Police can investigate offences under privacy and harassment laws.
• Contacting the Information Commissioner's Office (ICO) if you believe your personal data is being unlawfully recorded or shared. See the ICO's guidance on privacy at home.
• Notifying your landlord in writing (unless you feel unsafe), stating what you found and requesting an explanation or removal of the device.

Raising a Formal Complaint or Dispute

If the landlord refuses to remove a hidden camera, or retaliates against you for raising concerns, you have the right to escalate the issue:

First Steps: Resolving Directly

• Write a detailed letter or email to your landlord explaining what you found, your rights under the Private Housing (Tenancies) (Scotland) Act 2016, and requesting immediate removal of any unlawful surveillance devices.

The First-tier Tribunal for Scotland (Housing and Property Chamber)

If your landlord does not respond, you can make an application to the First-tier Tribunal for Scotland (Housing and Property Chamber), which handles disputes between private tenants and landlords about tenancy rights and breaches.^[2]

• Form: Application to the First-tier Tribunal (HPC) – No single standard form number; you submit an application form for civil proceedings on their site.
• Example: Use the application if your landlord has refused to remove unlawful surveillance devices, or you feel your right to peaceful enjoyment is violated.

Tribunal staff can help guide you through the process. Include all evidence, such as photos and correspondence, and explain how your privacy has been affected.

Key Legislation to Know

• Private Housing (Tenancies) (Scotland) Act 2016 — primary legislation for private residential tenancies, including "quiet enjoyment" rights.
• Data Protection Act 1998 (as updated) — covers misuse of personal data, including secret recordings.
• ICO Privacy at Home Guidance — explains your privacy rights and surveillance rules in domestic settings.

1. Is it ever legal for a landlord to install cameras inside a rented flat?
   In almost every circumstance, landlords cannot lawfully install cameras inside a private rented flat or house without the tenant's clear consent. Only external or communal area cameras are permitted if they do not invade tenant privacy.
2. What if the landlord says the camera is for maintenance or security?
   Maintenance or security does not justify hidden surveillance inside private living spaces. Discussing visible, external security cameras is different, and you should always be informed and give consent.
3. Can I remove the camera myself?
   If you feel safe to do so, you may remove an unlawful device. However, for your own protection and future evidence, consider photographing it in place and inform police or the Tribunal before tampering with it.
4. Which official body resolves disputes about privacy and landlord issues?
   The First-tier Tribunal for Scotland (Housing and Property Chamber) is the main authority for private tenancy disputes.
5. What evidence should I include in my complaint?
   Include photos of the device, location, any messages with your landlord, and notes on how your privacy has been affected.

Need Help? Resources for Renters

• mygov.scot — Private Renting Advice
• Citizens Advice Scotland — Renting a Home
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Police Scotland
• ICO Guidance on Privacy at Home

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. First-tier Tribunal for Scotland (Housing and Property Chamber)

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