Suspect landlords doesn't have banks consent to let... mortgage arrears of 7k

DRP

stebiz wrote: »

Incorrect

Postal Services Act 2000

Under the Postal Services Act 2000:

“A person commits an offence if he, without reasonable excuse, intentionally delays or opens a postal packet in the course of its transmission by post, or intentionally opens a mail bag.”

“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.

As for the LL on the previous property. She has already paid them and the only outcome would be her receiving a tax bill. Senseless.

The first paragraph refers to the mail bag, not mail arriving at your home.

I reckon OP has 'reasonable excuse' which covers the second para.

Pixie5740

stebiz wrote: »

Incorrect

Postal Services Act 2000

Under the Postal Services Act 2000:

“A person commits an offence if he, without reasonable excuse, intentionally delays or opens a postal packet in the course of its transmission by post, or intentionally opens a mail bag.”

“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.

As for the LL on the previous property. She has already paid them and the only outcome would be her receiving a tax bill. Senseless.

I very much doubt that the OP's child opened the LL's post intending to act to the LL's detriment.

When you say "She has already paid them." Who is she? The cat's mother? Are you referring to the previous LL or the OP? I'm not sure what you think is sensless. If HMRC are due money then they will want it to be paid. There are rules for paying rent, minus the income tax, to non-resident landlords.

http://www.hmrc.gov.uk/cnr/nrl_guide_notes.pdf

SerialRenter

stebiz wrote: »

Incorrect

Postal Services Act 2000

Under the Postal Services Act 2000:

“A person commits an offence if he, without reasonable excuse, intentionally delays or opens a postal packet in the course of its transmission by post, or intentionally opens a mail bag.”
Irrelevant, the post is not being transmitted, it's been delivered.

“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.
It's not been incorrectly delivered, this is the correct address as far as the bank and land registry know it. The landlord has a duty to keep these up to date.

As for the LL on the previous property. She has already paid them and the only outcome would be her receiving a tax bill. Senseless.

It's very much in the tenants interest to know about the possibility of a repossession. As pixie said, a child is unlikely to have acted with malice when opening the mail.

michaelaet85

Well an update to developments. Estate agents called me this morning. The letter I received. I took in to them on Saturday. They say (this is all verbal of course and I have now asked for it in writing on headed notepaper and signed by the manager) that they have rung mortgage lender. That it's all in hand an d a payment plan in place to clear the arrears. We as tenants have nothing to worry about and apparently mortgage company have confirmed to him as. He has authorisation to speak to them (authorisation from whom I am not clear) that the mortgage owners do have the banks consent to let although they do not have a buy to let mortgage. Not sure I believe any of this. It's an admin error appparently which has meant the owners post has come to the address and the agent has asked for it to go to them instead (hmmm.. I bet they have) Agent tried to tell me that it doesn't't matter if they have. Consent to let if the bank wannt to repossess they will and we will have no rights.. That's completely wrong and I told him as much... Then tried to skim over it and. Change the subject. Says that the bank will not provide. That proof in writing but he will stick it in writing himself...

Views people.

We as tenants are still left feeling completely powerless and in limbo and if I am honest I don't believe any of this from the agent

stebiz

Some total tosh getting spoken here of which I have no inclination to reply further.

The agent is right. If the lender wants to reposess they will. It might just take a little longer. If they owe that kind of money it can't be an oversight. A month maybe?

As for the post of course it's illegal to open others mail but many do it and the chances are highly likely you won't be prosecuted.

Bottom line is as a tenant of a Private Landlord, unless you find a good one, you'll be moving around for many years to come. That is why people buy houses for security.

I'm in rented at the moment whilst I get a full refurb on a house I own. The mail here and the amount of tenants previous is quite amazing. There must have been at least 4 different families in the last 5 years. Says it all.

michaelaet85

Oh yes I realise it will just take longer but we are only 1 week into a 1 year tenany for goodness sake. Haven't even finished unpacking. We also had every intenntion of being here long term. Last property I was in for 5 years and only left as landlord sold it!

stebiz

michaelaet85 wrote: »

Oh yes I realise it will just take longer but we are only 1 week into a 1 year tenany for goodness sake. Haven't even finished unpacking. We also had every intenntion of being here long term. Last property I was in for 5 years and only left as landlord sold it!

Well the only way you'll know is seeing a letter from the Lender giving authority. Then it will be binding for 12 months. If not...............

michaelaet85

Is this letter something the agents would be able to request and. Then give to me . as I say, he states in h phone call he has authorisation to talk to the bank and they have told him on the phonethhis morning that the owners have coonsent to let

Pixie5740

I'd take anything the LA say with a big pinch of salt. You've already requested that the LA confirm everything in writing which is a smart move although I doubt they'll do it.

Hopefully the LL does have CTL which will give you more protection if the mortgage lender does decide to repossess but unless either the LL or LA provides you with written proof than CTL has been granted you'll have no way of knowing for now.

In your shoes I would keep all future communication to the LA in writing and I would start returning all post address to the LL to sender.

BillJones

stebiz wrote: »

I think you need to teach your son not to open .

Parenting advice, from you?

You are the last person who should give that, surely.