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I need to start recording phone calls with my Landlord - must I notify them before doing so? If I must notify them - could I include it in a letter that I send them, that I will record all phone conversations from here forth?

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Yes, you can do this.

What you cannot do with the recording though:

  • Publish it (putting it on Facebook or otherwise make it available to anybody other than you)
  • Sell it
  • Advertise that you have it and allow others to listen to it (similar to publishing it)

But you can, with some additional documentation, use it in a court proceeding provided that you make available the recording to the other party prior to it being entered as evidence in court.

See DMA Law: Is it illegal to record conversations?

Can a private recording be submitted as evidence in court?

A private recording can be submitted as evidence, but with some conditions:

  • A recording may be relied on in evidence if the court gives permission
  • An application for permission should be made on form C2
  • The recording should be made available to other parties before any hearing to consider its admissibility.

Covert recordings of children should rarely, if ever, be admitted as evidence, according to section 13(4) of the Children and Families Act 2014.

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