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Urgent - Letting Agent Withholding Rent From Landlord
Comments
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As a general rule that bit of advice is nonsense because it is not illegal to open post that has been delivered to the house; the illegality is in intercepting it prior to deleivery and using it for your own financial advantage.
In this instance however, it could be argued that the LA is taking financial advantage of the information her obtained by opening the post.
But the OP has a lot more pressing things to do.
I agree (having read later posts) that the OP has a lot more to worry about.
As for being "nonsense" in general, I never mentioned the general case only this case in which someone had deliberately opened a letter and had actually used it detrimentally.
If you must criticise other people please have the good manners not to generalise a specific comment or be abusive about their opinions.
The PSA states: "A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.0 -
OP, you need to learn a lot about letting and learn it fast. Read this:
http://forums.moneysavingexpert.com/showpost.php?p=41160642&postcount=12
and all the links it contains. See what other things you may have missed or failed to comply with.
As others have said, now you are aware of your mortgage situation, contact them asap, and explain the situation - don't risk this going on any longer and your tenant making things difficult.
Are you declaring your rental income for tax - if not, speak to HMRC first thing on Monday and plead ignorance - they are very helpful and will help you get up to date with your requirements here.
Have you got Gas Safety Certificate if you have gas at the property? If not, organise this asap.
Your house insurance will likely be void if you haven't told them as well.
Get everything you can sorted out so you do not give your manipulating tenant any more ammo to throw at you.
Did you take a deposit at the start of the tenancy? If so, has it been protected in a government scheme, and has tenant been given the prescribed information from the scheme? If not, arrange this asap.
You have been naive and very foolish here, but these things are not insurmountable. Be honest and admit your mistakes now, before something else comes back to bite you!0 -
The address on the letter was presumably the rental property. Royal Mail had correctly delivered it. Thereafter the PSA does not apply.The PSA states: "A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.
If the tenant moved in last December, the only way to evict is either arrears or wait till at least June (6 months).
Whether your lender will grant Consent To Let, or require/allow you switch to a BTL mortgage, is a moot point. Only one way to find out.
New landlords here.0 -
The address on the letter was presumably the rental property. Royal Mail had correctly delivered it. Thereafter the PSA does not apply.
.
I do not wish to divert this thread down a rabbit hole, but I never said that the letter had been delivered incorrectly. The potential offence is committed by the person to whom the letter is delivered (ie after the event).Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.0 -
Personally I would inform the police that the letting agent has illegally opened your post unless you have given them permission to do so.
I vaguely recall that interfering with Her Majesty's post is a criminal offence so yes, off to see Mr Plod when time permits and you have constructed your argument.0 -
As others have said:
Contact your lender pronto, ditto HMRC if you have failed to declare rental income to date.
Note that if you have only been letting within the current tax year - Apr 6 2011 to Apr 5 2012 - then you have until Oct 31 2012 to get a paper tax return in and Jan 31 2013 for online submission (but you need reference no/log in info sorted well in advance) Google HMRC and PIM (property income manual) for guidance on what can be set down against the rental income.
Then also:
(a) get rid of agent as agent
(b) get rid of agent as tenant
I wouldn't waste time pharting about with police over opened mail - just get it all redirected via RM as a priority. For security you should also ensure that there is an up to date alternative address for you/your ex registered with the Land Registry for this property.
Unfortunately, anyone can set themselves up in business as an LA - no formal qualifications, training or expertise needed before doing so. Some LAs are signed up to a code of conduct though - is this LA a member of ARLA, NALs, RICS etc? (Check with the organisations themselves - don't take LA letterhead/window stickers as gospel)0 -
You're right it's a rabbit hole but... you quoted the PSA. I re-quote it, this time with my highlight, not yours:I do not wish to divert this thread down a rabbit hole, but I never said that the letter had been delivered incorrectly. The potential offence is committed by the person to whom the letter is delivered (ie after the event).
""A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.
Once mail is correctly delivered to the address on the front, the PSA no longer applies. If mail is incorrectly delivered by RM, and you open etc, then the PSA applies.0 -
OP, you need to learn a lot about letting and learn it fast. Read this:
forums.moneysavingexpert.com/showpost.php?p=41160642&postcount=12
and all the links it contains. See what other things you may have missed or failed to comply with.
As others have said, now you are aware of your mortgage situation, contact them asap, and explain the situation - don't risk this going on any longer and your tenant making things difficult.
Are you declaring your rental income for tax - if not, speak to HMRC first thing on Monday and plead ignorance - they are very helpful and will help you get up to date with your requirements here.
Have you got Gas Safety Certificate if you have gas at the property? If not, organise this asap.
Your house insurance will likely be void if you haven't told them as well.
Get everything you can sorted out so you do not give your manipulating tenant any more ammo to throw at you.
Did you take a deposit at the start of the tenancy? If so, has it been protected in a government scheme, and has tenant been given the prescribed information from the scheme? If not, arrange this asap.
You have been naive and very foolish here, but these things are not insurmountable. Be honest and admit your mistakes now, before something else comes back to bite you!
Thank you for this. I have made a start on reading through the links in the thread that you suggested, and it is a great help.
I have landlords insurance for the property, so buildings, contents, etc is all covered under that, so no problems on the insurance front, and I also have a Gas Safety Certificate so that is all okay.
When it comes to the deposit, this was arranged by the letting agent so I will need to speak with my ex again to find out what was done there.
I am going to go and speak to my lender on Monday, and hold my hands up and see what they say. To say I am terrified would be an understatement, but it really is the only option. Hopefully we will be able to come to some sort of agreement, but I certainly won't be holding my breath!
The property was a new build, and was bought on a shared equity scheme (the housebuilder put up 25% of the purchase price, which is to be repaid within 10 years), does this have any effect on what the mortgage lender may do with regard to repossession, etc, if they won't give consent for the property being let?0 -
I am going to go and speak to my lender on Monday, and hold my hands up and see what they say. To say I am terrified would be an understatement, but it really is the only option. Hopefully we will be able to come to some sort of agreement, but I certainly won't be holding my breath!
You need to be truthful with you lender but you don't need to tell the WHOLE truth.
You should ring them on Monday and say that you need to rent your property out (which is true - you don't have to tell them that you have already done it if they don't ask). Tell them why (eg because you have to move for work or you have to do a lot of travelling and it much easier for you to live somewhere else).
You have to be aware that if you come clean to them, they could foreclose on the mortgage as you have broken the terms of the mortgage.
Depending on the size of the property, have you considered living there and taking in lodgers? If you did this it your mortgage company shouldn't object and you would just need to tell your insurance company.0 -
How goes now?If you've have not made a mistake, you've made nothing0
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