Landlord wants our help to convince mortgage lenders he lives here

DVardysShadow

naijapower wrote: »

I only made my comment cos someone said it wasnt illegal to open another person's post. My mission was to establish that it was illegal.

Your reference says:

(1) It shall be an offence for a person intentionally and without lawful authority to intercept, at any place in the United Kingdom, any communication in the course of its transmission by means of—
(a) a public postal service; or
(b) a public telecommunication system.

In the situation described in this thread, the post has been delivered and is no longer in transmission. So, if I have picked the right clause, your contention does not apply.

Zelie

DVardysShadow wrote: »

Your reference says:

(1) It shall be an offence for a person intentionally and without lawful authority to intercept, at any place in the United Kingdom, any communication in the course of its transmission by means of—
(a) a public postal service; or
(b) a public telecommunication system.

In the situation described in this thread, the post has been delivered and is no longer in transmission. So, if I have picked the right clause, your contention does not apply.

It doesn't apply anyway given the act s/he chose. The Regulation of Investigatory Powers Act is set up in order to regulate the powers of people carrying out investigations. It's not there to control whether ukbilly glances at the envelope or even opens a letter for his landlord which has been sent to his home. Unless, as I say, ukbilly is a pseudonym for James Bond. In which case naijapower may sit back and relax safe in the knowledge that they are utterly right.

BitterAndTwisted

I like they way t0ssp0ts delight in quoting chapter and verse but neglect to actually read and/or understand the !!!!!! they link. I blame the education system

property.advert

Sod the opening post argument, just bin them if you want to afterwards. I open everything which come to my address except The Occupier which goes straight back in the post !

Seriously, the landlord is trying to save a minimum of 1% on his mortgage and perhaps much more. He is running a business and not declaring it.

Your call how to deal with this but you have less rights for sure. I might be inclined to ask for a rent reduction in return for helping him.

An example.

Say mortgage of 200k. If buy to let premium is 2% over a normal mortgage, then that costs him 200k*2%/12= £333 per month !!!!!! I'd say a 50/50 split would be ideal.

kunekune

DVardyD, that might be the ordinary person's perception of fraud, but it is not the legal definition. The interest rate is higher if it's a BTL mortgage. He is lying to get a residential rate, ie, a financial gain. He knows what he is saying - ie, he lives there - is untrue and this is almost certainly dishonest. Ergo, fraud under the Fraud Act. If the OP assists with this, knowing why the utility bill is relevant, then they are probably aiding/abetting and also potentially liable for fraud along with the LL.

In other words, OP, don't do it! The fact you had to ask means you know what it's about.

princeofpounds

LL scam their banks all the time in this way, and I cannot recall a single instance of one being prosecuted for it. I don't know officially whether this amounts to a civil dispute or a crime but the banks can in theory repossess so I believe they just threaten that to enforce their position if they are unhappy.

I think you need to be adult and ethical about this. The LL simply shouldn't be leaning on tenants like this.

ukbilly

kunekune wrote: »

In other words, OP, don't do it!

We've refused. He called yesterday and rather than accept our answer and leave it at that, he said, "let me think about it" and presumably will call again.

Our response will not change.

BitterAndTwisted

Good for you. In the meantime I'd have a think about what the LL might do if you continue to decline to accede to his wishes. Like giving you notice to quit or declining to renew your tenancy agreement once it's up for renewal. Some people can get a bit shirty if they can't get their own way, especially where cash is concerned.

PayDay

DVardysShadow wrote: »

I find it hard to categorise that as fraud.

To me, fraud is where a lender is deceived into handing over money which is not paid back. In the cases we are talking about, there is deceit of the lender, in that the loan is used in a way which the lender was not told about. But I don't think that the lender is necessarily deprived of the money - although I do note that there is a suspicion of arrears.

Wishful thinking perhaps when a person commits fraud?

Silvercar is correct. It's fraud to obtain money by deception. Applying for a residential mortage instead of the buy to let mortgage that someone needs, is fraud.

BTLs have a higher interest rate than residential mortgages, the borrower has also cheated the mortgage lender out of money.

PayDay

naijapower wrote: »

My interpretation of this statement is that you have been opening his mail which amounts to an illegality expect of course he had authorised you to do so

Not if it's done by accident.:p