Forwarding landlord post

bertha337

I signed a lease which included a clause to forward landlord post. I was chased by landlord repeatedly but still didn't forward their post. As a result they had fines for unpaid ground rent and are seeking compensation from me. Is this legally allowed?
P.s I eventually forwarded all post, but several months after it arrived.

EachPenny

Why didn''t you forward the post when it arrived?

pimento

A more pertinent question is why the landlord didn't arrange for mail forwarding or tell the freeholder that he had moved?

EachPenny

The OP appears to be asking whether it is legally allowed for the landlord to seek compensation for an alleged non-performance of contract. The first question I'd ask is if you understood this term of the contract, then why didn't you perform as required? (especially having been 'chased' by the LL)

There could be very good reasons - which may turn out to be far more important than whether the LL was morally/legally correct to include such a term in the contract.

stator

That landlord may well sue you in small claims court for their loses.
You could argue the landlord should have set up a redirection.
The judge could go either way.

SerialRenter

If the landlord didn't pay their ground rent, thats entirely their own problem. It is due regardless of whether they received a reminder or not, They agreed contractually to pay it.

I wouldn't be surprised if the landlord's mortgage provider doesn't know they're renting out the property, that's often a reason they continue to get their post sent to a rental property.

I would check your deposit is properly protected too. If they're prepared to break one rule, they're likely to break others.

G_M

I very much doubt the LL would take this court.

Almost certainly the reason he put this clause in the contract rather than inform the freeholder (and others?) of his address is because he wishes his letting to remain under the official radar.

No consent to let from the freeholder?
No consent to let from the mortgage lender?
No income tax being declared to HMRC?

Court action? Hmmmmmm.....

I'm also pretty doubtful whether that clause could in any case be enforced, or whether the tenant would be legally liable for the LL's costs.

theartfullodger

Indeed: £5 says landlord is on the fiddle.

Unless the forwarding clause had a time limit (e.g. "must be forwarded within 5 days..."..) then as long as you forwarded it at some point you've complied with it. (or Royal mail lost it of course... oh yes, forwarded it ages ago dinnan I ...... hmmmnnn...)

What EXACTLY does it state, please?

Guest101

The clause must also be fair, so for example you shouldn't be expected to pay for the post - did he supply envelopes, stamps etc.?

Miss_Samantha

This is a clause that is not intrinsically unfair and you knowingly breached it so I would say that you are liable for any loss that the landlord could not avoid.

Whether the tenant has to pay for stamps does not in itself make the clause unfair.

As for "time limits", I think it has to be implied in any such clause that the tenant must forward mail within a reasonable time. I would think within a week unless there is a good reason not to.

davidmcn

Miss_Samantha wrote: »

This is a clause that is not intrinsically unfair and you knowingly breached it so I would say that you are liable for any loss that the landlord could not avoid.

I doubt the tenant would be liable for all consequential losses, and as pointed out the landlord ought to know when and where to pay their ground rent without having to be prompted by an invoice.

And I'm not sure how the landlord would prove whether and when their tenant received any mail.