Can I film (CCTV) nasty neighbours behaviour?

[Bitscared1955]

Just that really, I have a really horrible neighbour who has been abusive to my family & I for 4-5 years!! They are just plain nasty!!

The problem is it’s all name calling, sneering etc so that we can hear/see, probably hoping for a reaction that they aren’t getting.

I had hoped ignoring the problem would help but it seems to make them more determined.

Its a shared garden, we don’t use it as near impossible to do so due to the behaviour of them. But can I cctv this are legally? Camera wouldn’t be in the direction of neighbours property.

Someone else suggested Ring doorbell for recording as it would also pickup voices but I’m not sure that would be allowed?

Im just so sick, anxious and down with the whole carry on but not in a position to move.

If you’re installing CCTV in a shared space then you’re required to advise other users of the space that recording is taking place. I can’t imagine your camera will last long once they know it’s there.

Are you a council tenant or private owner? Have you spoken to the freeholder about the issue? The neighbours’ lease will contain a clause regarding neighbour nuisance and disturbance.

I’m in Scotland and a homeowner.

I have spoken with the Landlord on several occasions and also in writing, she’s not interested.

She asked for proof, I told her I had proof of the behaviour (on mobile) she then said I don’t want to see it, show the police, who also aren’t interested.

Not sure what else to do other than keep emailing the LL evidence whether she wants it or not but I’m not sure if I’d be in the wrong recording?

Even if you got CCTV proof the only people you could show are the police.

In England you're only allowed to have a camera focused on your own property. It mustn't record adjoining properties or the public footpath as this goes against privacy laws. I'd think if it's a shared garden you won't be allowed as it will deny your neighbours their privacy. Also, CCTV isn't going to capture what they're saying so would it even be useful? If you want to record voices you have to warn people in advance that you're recording.

Thank you, that’s true, it won’t record the voice.

I just don’t know what to to do. This carry on always only usually happens in the back garden, hidden from public. So frustrating and what I’m also really worried about is one of us will eventually snap. You can only be pushed for so long!

I’m in Scotland and a homeowner.

I have spoken with the Landlord on several occasions and also in writing, she’s not interested.

You're not a homeowner, you're a tenant. My advice would be to find somewhere nicer to move to. I'm sympathetic to the problem — I've had neighbours whose constant scowling and muttered insults and threats have made my life unpleasant — but there's nothing the landlady or the police can really do, even with evidence.

Start looking around for somewhere nicer.

The OP is a homeowner, the landlord is the landlord of the tenants who is causing the OP the problems. It's so easy to move house isn't it?

The landlord has a duty of care to you if their tenants are creating a public nuisance. I suggest you write to the landlord again and tell her you will take legal action against her if she does not intervene.

This might help.

https://www.mygov.scot/tenant-antisocial-behaviour

The OP is a homeowner, the landlord is the landlord of the tenants who is causing the OP the problems. It's so easy to move house isn't it?

I misread and thought the OP was a tenant who was contacting her landlady about the issue. Fair cop.

OP, is anyone else being bothered by them? If you can get one or two other people involved and putting pressure on the landlady that might help. Otherwise, keep contacting her. Text her every time there's an incident and ask her to act. Make yourself such a nuisance that it's easier to get rid of the tenants for anti-social behaviour than to deal with you.

A bit of a long shot but have you talked to your MP and MSP? We've had a problem with a family in our neighbourhood recently and as I was seeing my MP about something completely unrelated I asked him to advise on the neighbourhood issue. I'm not sure who he wrote or spoke to, but it was all sorted out surprisingly speedily.

Re the Ring doorbell, maybe you'd be lucky and catch them saying or doing something anti-social — but that would be just the start of what could be a very long, slow process of going through the courts. Although perhaps Scottish courts are more efficient than those here.

Thank you all.

No one else is bothered, it’s an extremely small street and the position of the houses also mean no one else can see the behaviour.

I haven’t tried the MP route but will look into it.

The Landlord seems very unprofessional and had no control, the neighbour has even admitted the behaviour but nothing was done. I only know this as I heard neighbour admitting it and calling us everything under the sun to the LL. I believe they are also friends as well as LL/T.

Unfortunately we are not in a position to move and won’t be now for at least 3 yrs.

Sounds like a really tough one because it's shared garden and it's 'just' name calling/insults as opposed to screaming and swearing at you

(I know it's not 'just' really)

Best bet is trying to get evidence on your phone I would have though in this case.

And perhaps try to council? The anti social behaviour team on council?
I'm not sure but it's worth a try?

I’m worried it’s me who can get into trouble if I record, even if they are guilty of the vile behaviour.

Is that possible? Thanks

Poor OP. Is it actually harrassment abs bullying you can go to the police for (rather than neighbour issue) iyswim.

Sounds awful. Hold your head high. They are scum judging by their behaviour.

Talk to Shelter - they are great for this kind of thing. Good luck!

No you can't get in trouble for filming someone.
Unfortunately our neighbours have filmed my child many times as part of their harassment towards us.
Because they can see our garden from their house (ie don't have to climb over a fence to do this) believe it or not this is still legal. Not right morally but legal.
The police couldn't use this as part of the harassment because of this and told them that if I wanted to I could film them too (and told me I was within my rights to film them too).
You can call the police to discuss it with them too though.
More than one police officer has told me this

I mean I'd try to do it discreetly if you're doing it

The laws around CCTV are interesting.

I have exterior cameras and a few weeks ago the police knocked on my door to ask me if I had recorded something that wasn't on my property

If I had, I would have been in the wrong but they would have been grateful for my law breaking

Have you reported them to the council OP?

LL have to be registered with their local council and as part of that they agree to certain conditions. They are obliged to make sure their property and tenants is not causing problems for neighbours.

Firstly, record inciof harassment on your phone (perfectly legal) and report each one to the police a d request an incident number for each one.

Write to the landlord on every occassion with the police record number and request that they take action to prevent more incidents with their tenants. Ask them to provide details of what action is taken (eg first warning, escalated warning, notice of eviction if no improvement etc - there is an official process that must be followed.

if this doesnt make amy difference, Write down all the incidents of harassment and anti-social behaviour, write down the dates you made the landlord aware of them and their response. Submit this to the relevant council team (if you Google landlord registration for your council it should give you the details to contact them) and say that you are referring the matter to your local MP as the LL refuses to engage, and that the submitted evidence shows they are not fit and proper to hold a LL licence.

Refer to your MP and ask them to intervene with the council as the LL will not engage.

Unfortunately it is nor a quick process as unless the tenants are the type to respond well to a warning, the LL has to show a pattern of anti-social behaviour to evict, and that is if the LL is willing to help.

As a PP said, you need to make yourself more of a pain in the arsenal to the LL than dealing with the tenants. Make them aware you know the process and will not let it drop.

Sorry you are in this position, it sucks.

Good god that was full of typos, sorry!

Hopefully you get the gist.

How about a bit of calling their bluff? Ceremonially get your phone out when they start and record. When they ask what you’re doing say “oh I’ve been asked to take part in a radio documentary on… you know… neighbour stuff…”

It's funny isn't it! The police and local FB groups ask all the time for cctv/ring footage of public but residential-only roads (so no business cctv)...

Thank you for all the suggestions, we had an incident tonight but wasn’t quite brave enough to film but I’ve found a window I'm going to do it from, it should be more discreet.

I really don’t understand why this behaviour continues, I think as there’s been no reaction they are desperate now to get a reaction! Who knows!!

My neighbours I believe wanted to drive us out and also yes I believe they wanted to push us and push us and push us until we gave them a reaction which they could then film and go to the police with.
They haven't got one yet.

Think it’s similar here! Definitely not happy we live here, we are barely home, no young kids, no pets! I just don’t know, other than they are just nasty!

But…. We are really trying very hard not to bite back.