That Old Chestnut

pvt

There doesn't seem to be an obvious forum for this issue, so here goes:

There have been countless times on MSE that the question arises as to whether it is lawful to open mail that is correctly addressed to your house, but to a person with a name you do not know.

It has always been my belief that there is nothing in law that says a "correctly delivered" letter cannot be opened by, for argument's sake, the owner of the house it is addressed to.

This month's Which? magazine legal section contains a question from a reader in this exact situation. The following answer is given:

It's against the law to open post not intended for you. You should cross out your address on the unopened envelope and write 'Not known at this address. Please return to sender' and post without delay.

I'm not wanting to debate the morals of this, the above advice is exactly what I would do, however, the Which? legal team's perspective, besides suggesting opening the mail is unlawful, seems to also suggest that "someone" at this address has an obligation to repost it, and in a timely manner too.

My understanding was that it was not unlawful to open a correctly addresses letter.

Can anyone cite some law here?

bengalknights

Which is correct it is unlawful for you to open mail that isnt named to you unless permitted to open it.

You should either return to sender or ignore it.

fermi

Is it this they are refering to?

http://www.legislation.gov.uk/ukpga/2000/26/notes/division/4/5/2

128. Subsection (3) makes it an offence for a person, intending to act to a person’s detriment and without reasonable excuse, to open a postal packet which he knows or suspects has been incorrectly delivered to him.

Mrs_Arcanum

fermi wrote: »

Is it this they are refering to?

http://www.legislation.gov.uk/ukpga/2000/26/notes/division/4/5/2

From this it would seem a reasonable excuse for opening the mail is acceptable. However, it behoves the opener to be sure their excuse is reasonable within the law.

pvt

bengalknights wrote: »

Which is correct it is unlawful for you to open mail that isnt named to you unless permitted to open it.

You should either return to sender or ignore it.

Thanks Bengal, but can you cite something to support that statement?

And by "ignore it" do you mean keep it safe for evermore, or can one destroy it?

_Andy_

Lawful or not, surely it's ethically wrong to open someone else's post?

pvt

pvt wrote: »

I'm not wanting to debate the morals of this.....

And exactly 70 minutes later...

_Andy_ wrote: »

Lawful or not, surely it's ethically wrong to open someone else's post?

:wall:

antrobus

fermi wrote: »

Is it this they are refering to?

128. Subsection (3) makes it an offence for a person, intending to act to a person’s detriment and without reasonable excuse, to open a postal packet which he knows or suspects has been incorrectly delivered to him.

http://www.legislation.gov.uk/ukpga/2000/26/notes/division/4/5/2

It would appear so.

In this case the Which? legal team are simply wrong.

Obi167

I would not open an ex tenants mail, or another householders, but if mail was addressed to someone i had not heard of to my address i would open it to check that for example loans or credit cards are not fraudulently been taken out from my address.

sfax

What if there's no return address on the outside of an envelope? Should you bin it without opening it or open it to find the sender's address to return it to?

blitzboy

pvt wrote: »

And by "ignore it" do you mean keep it safe for evermore, or can one destroy it?

As it is someone else's property, I would think that destroying it would be criminal damage.

All you have to do is cross the address out, write 'NOT KNOWN AT THIS ADDRESS' on it and pop it back in the post box. You have no right to open it IMO.