The benefit of new technology is whizzy gadgets that make our day to day life easier.  One of those is camera door phones enabling you to see and answer the door of your property to callers even when you are not home.  Many home owners are installing such gadgets but, if you own a flat, can you just install such a gadget or are there matters that, as a leaseholder, you must first address to ensure that you are not in breach of any provisions of your lease?

In this article we highlight some of the considerations for a leaseholder, landlord, RTM and RMC company in respect of any form of CCTV/camera door bell system.

1.       Placement of the camera

This is a consideration often overlooked, usually quite innocently by a leaseholder.  The leaseholder’s “demise”, the property over which the leaseholder has “ownership” and responsibility is limited and most often spelt out reasonably clearly in the lease.  Often the demise will not include anything outside of the flat and so typically the position that the door bell camera would need to be fixed will be beyond the demised property. 

Fixing any item beyond the demise will be a breach of the lease and, in any event, would always require landlord’s consent, which may be subject to strict conditions if given and is not always something the landlord is obliged to provide at all.

Advice should always be sought as to the positioning of any external fitting to be clear whether or not it falls within the demised property.

2.       Alteration 

Insofar as the above does not apply, and therefore the positioning of the camera is on part of the property demised to the leaseholder, then the leaseholder must also consider if the fixing of the camera in the chosen position amounts to an “alteration” under the lease and thus whether that "alteration" is one that is prohibited or subject to licence from the landlord/RTM/RMC.  Advice should always be sought prior to installation of the camera as to whether formal licence is required under the lease.

3.       Nuisance and Privacy Concerns

Leaseholders interested in installing CCTV, such as doorbell cameras, facing communal areas of a building must consider several legal and practical challenges too in addition to the above. Those communal areas such as shared hallways, entryways, stairwells, and outdoor spaces are typically controlled by the freeholder or landlord. Leaseholders do not have an unfettered right to install any form of CCTV system, including doorbell cameras, and, whether or not the above points apply, consent may in any event be required.

Even if a landlord grants consent, leaseholders must ensure the CCTV system/camera door bell does not cause a nuisance to other residents.  If a camera records footage of shared spaces or neighbours’ entrances or windows, this could infringe on their privacy and lead to disputes. For example, neighbours might feel that the surveillance is intrusive or harassing, particularly if the camera captures areas where they have a reasonable expectation of privacy.

A key concern arises when the CCTV system/camera door bell records beyond the leaseholder’s private property. If the camera captures images or audio from communal areas such as shared hallways, driveways, or neighbouring properties,  the system falls under the General Data Protection Regulations ("GDPR").  The leaseholder, the owner or controller of the camera, is a “data controller” under the GDPR, and is responsible for handling the personal data collected by the CCTV, including footage and audio of other residents.

Legal Obligations under GDPR

As a data controller, the leaseholder must comply with the following data protection requirements:

1. Register with the ICO – Leaseholders who record footage of communal spaces must register with the Information Commissioner’s Office (ICO) as a data controller. This involves paying an annual fee (typically £35) and following data protection rules.

2. Display clear signage – Appropriate signage must be posted in visible areas to inform neighbours and visitors that CCTV is in use, the reason for recording, and how they can contact the data controller for information about the recordings.

3. Handling Subject Access Requests (“SARs”) – Under GDPR, individuals have the right to request copies of footage that includes them.  As the Data Controller the leaseholder is legally required to respond to such requests within one month.

4. Secure data storage and timely deletion – Footage must be stored securely and only kept for as long as necessary. When no longer needed, recordings should be deleted unless required for legal reasons.

Failure to follow these regulations can result in enforcement action from the ICO, including fines, and claims for compensation from affected individuals. In cases where the CCTV system is viewed as a nuisance or a breach of privacy, legal disputes could arise, with the risk of court rulings demanding the removal of the system.

Case Law Example: Fairhurst v Woodward [2021]

The case of Fairhurst v Woodward [2021] offers an important legal precedent that highlights the potential risks of CCTV misuse, especially when it comes to privacy and data protection violations.

In this case, Mr Woodward installed multiple cameras, including a door bell camera, around his property, which was adjacent to Dr Fairhurst’s home. One of these cameras captured footage and audio from Dr Fairhurst’s garden and her activities when entering and leaving a communal car park.

Dr Fairhurst sued Mr Woodward, claiming a breach of data protection law and harassment. The Court ruled in her favour, concluding that Mr Woodward's actions amounted to unlawful harassment and violated data protection laws. The judge found that Mr Woodward had misled Dr Fairhurst about what his cameras were recording and how they operated. As a result, the Court deemed that the cameras unlawfully captured footage of Dr Fairhurst in a manner that was intrusive and beyond what was necessary for legitimate security purposes.

This ruling highlighted the following:

1. Unlawful Harassment – In Fairhurst v Woodward, the Court found that the presence of cameras that recorded beyond Mr Woodward's property line, combined with the misleading information he provided to his neighbour, amounted to harassment.

2. Breach of Data Protection Law – The case also demonstrated that if a CCTV system captures footage of communal areas or neighbours without proper data protection protocols in place (e.g., clear signage, registered data controller, handling SARs), it may breach GDPR. In Fairhurst v Woodward, Mr Woodward’s failure to comply with data protection law led to a ruling against him.

Obtaining Consent and Complying with the Law

Leaseholders must be aware of these legal issues when considering the installation of CCTV in communal areas. Not only does landlord consent typically need to be obtained, but the installation and the leaseholder must then also comply with GDPR regulations, especially if the cameras capture communal spaces or neighbouring properties. Ignoring these legal requirements could result in a breach of the lease and perhaps even claims of harassment from neighbours and legal penalties.

Leaseholders are encouraged to consult with their landlord/RMC/RTM to ensure they are compliant with the lease before installing any form of CCTV system - which will include camera door bells - and then to ensure that they are themselves compliant with the GDPR requirements throughout the period of the presence of the camera/audio equipment.  

Conclusion

Whilst leaseholders may have legitimate reasons for wanting to install CCTV/door bell cameras for security, they must ensure that they have complied with the lease, obtained relevant landlord approval (which may not be something that the landlord is obliged to provide even if requested), follow data protection laws, and avoid infringing on neighbours’ privacy.  In short, don’t just buy a door bell camera and fix it to the outside of your flat - check everything referred to above first and pay for and obtain competent legal advice on whether you can install it where you want to and what you need to do both before and after that has occurred.

Disclaimer

This Legal Update describes the position in law as at the date of this article and care should be taken to note any subsequent amendments to the position as set out above.  The Legal Update is provided free of charge for information purposes only; it does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of KDL Law or by KDL Law as a whole.

If you have received this update in error or wish to unsubscribe from future updates then please email us at info@kdllaw.com.