Is it Legal for Estate Agents & Clients to Video Film Apartment Interior without Tenant permission?

**normandy** · 09-Apr-21, 05:43 PM

Hello,

I am a tenant renting an apartment that is on the market for sale. It is not uncommon for Estate Agents and also their clients to video film the interior of the apartment without my consent (filming includes my person and my possessions inside the apartment). Do you know if this is legal in South Africa when the appointment was to view the property and no mention was ever made that they intended to also film the interior? I would appreciate your thoughts on this.

**adrianh** · 09-Apr-21, 07:31 PM

I don't know if it is legal but if you film the inside of my apartment without my consent I WILL BREAK YOUR HEAD!

**Dave A** · 10-Apr-21, 11:37 AM

I suspect one of the issues is the purpose for which the recorded video is going to be used. Personal use just for keeping a record of what you have viewed might be OK. Publication or dissemination might be a problem though - or almost definitely will be once POPIA kicks in in full.

**adrianh** · 10-Apr-21, 03:33 PM

Here is an interesting American view on the matter - of course this isn't South African law but it is still interesting none the less.

https://www.lawyers.com/legal-info/p...-property.html

**normandy** · 11-Apr-21, 11:46 AM

Originally Posted by Dave A

I suspect one of the issues is the purpose for which the recorded video is going to be used. Personal use just for keeping a record of what you have viewed might be OK. Publication or dissemination might be a problem though - or almost definitely will be once POPIA kicks in in full.

Thank you, I appreciate your feedback.

**normandy** · 11-Apr-21, 01:29 PM

Originally Posted by adrianh

Here is an interesting American view on the matter - of course this isn't South African law but it is still interesting none the less.

https://www.lawyers.com/legal-info/p...-property.html

Thank you for the URL. The article was an interesting read. There is so much available online relevant to the USA, but my research pertaining to South Africa concerning this matter, has not been adequately fruitful yet.

I personally do not think that it is acceptable for Estate Agents or their clients to film the inside of a tenant's apartment without permission to do so. When they make an appointment to view the property, they are not making an appointment to photograph or film the inside of the premises. Furthermore and as an example, shopping malls in South Africa are regarded as private property open to the public for the purpose intended, but taking photographs without express permission can result in legal ramifications for the "photographer". It is also not uncommon for a person filming or photographing at a shopping mall to be told to STOP doing so, and if necessary they will be escorted off of the premises.

I regard the residential premises where I am a rent paying tenant, as being private property. When I agree to an appointment made by an Estate Agent (with or without a client) to view the property, then that is ALL that I am agreeing to.

I have a complete set of photographs (that do not include my dirty laundry, nor other personal possessions) which I make available to all Estate Agents upon request.

Some of the reasons why an Estate Agent's client thinks that it is a good idea to film the inside of a tenant's abode, is as follows:

1) They suffer with acute amnesia and do not want to forget what the inside of the property looks like, as they need to make an informed decision. [I would prefer it if they would rather make another appointment to view the property again].

2) They want to share the video footage via social media with family and friends so that their "inner circle" can help them decide whether to purchase the property. [I would prefer it if the inner circle would rather make an appointment to view the property].

3) They work for a crime syndicate and want to add the tenant to the list of victims that they scheduled for a "return visit". How convenient it is to film the entire interior with 360 degree footage of the layout and content of the tenant's residence. [The previous burglary proved to be very costly and the thieves sure did help themselves to what is now no longer the tenant's possessions.].

4, 5, 6, 7, 8, 9, .....) The reasons for filming the interior of a tenant's residence (without asking for and/or without receiving permission to do so) would be many and varied.....

I personally think that a tenant has more than enough reason to be vigilant and deny Estate Agents and/or their clients their perceived right to film and photograph the interior of a tenant's place of residence without an appointment to do so. I do not believe that an appointment to view the property qualifies as a right to also photograph and film the property.

That's my rant on the matter. But still it would be wonderful if we had access to previous South African legal cases in this regard, and the input of attorneys who have litigated in such matters.

Do you (or anybody who reads this) know if there is a website in South Africa similar to TaxTim, but relevant to asking questions and receiving answers from industry professionals about Tenants, Landlords, Estate Agents (and their clients), where the questions can extend beyond what we generally see published online?