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This is my first time posting, grateful for any advice anyone can give

:-)

 

 

 

 

My ex landlord is opening my mail before sending it onto me; I know this because it is pretty obvious when my mail arrives.

 

There is a sticky labels over the old address with my current address, and the envelope has been opened and then taped up with sticky tape. I never gave him a forwarding address either, he has assumed that the address I put on my court form is my residence and is using this. He also emailed me over a load of my opened mail.

 

 

 

 

 

 

I’m assuming that he is doing this to try and build up a counter claim against as I have filled a small claims court for the return of my deposit.

 

 

 

 

 

 

 

I was struggling financially which was why I moved out of the property and back in with my parents so I have left a few utility bills unpaid although I am in the process of paying these back every month.

 

 

 

 

 

 

 

What I want to know is:

 

 

 

 

 

 

 

1.Can he open my mail?

 

 

 

 

 

 

2. What is reasonable excuse?

 

 

 

 

 

 

3.Can he use the information in these letters in court against me?

 

 

 

 

 

 

 

All the bills were in my name, I know it can be a bit of a grey area when it comes to utility bills at rented properties but if he is opening mail addressed to me to use against me in court as detriment to my character is this not illegal?

Edited by citizenB
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It's illegal to open someone else's mail or to interfere with someone else's mail in the UK.

 

Is it illegal to open somebody else's mail if it comes through your letterbox????? Not 100% sure on that one.

 

To the OP. Have you considered getting your mail redirect to your new address. The post office do this for a small fee.

 

If you are paying off your debts then give the companies you new address, then your ex landlord wont be getting you mail to his property.

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

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It's illegal to open someone else's mail or to interfere with someone else's mail in the UK.

 

Is it illegal to open somebody else's mail if it comes through your letterbox????? Not 100% sure on that one.

 

To the OP. Have you considered getting your mail redirect to your new address. The post office do this for a small fee.

 

If you are paying off your debts then give the companies you new address, then your ex landlord wont be getting you mail to his property.

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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It's illegal to open someone else's mail or to interfere with someone else's mail in the UK.

 

Correct,it is a Criminal offence to open mail,interfere with post not addressed to you in the UK...The Postal Services Act 2000.

 

The OP would be in there rights to make a statement to the Police.

 

Best for the OP to use Royal Mail redirection service..

 

https://www.royalmail.com/delivery/inbound-mail/redirections

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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http://www.legislation.gov.uk/ukpga/2000/26/section/84

 

84(3)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 someone who regularly opens my ex-tenants mail, my excuse would be that I have a right to ensure that there is no risk to my current tenants of being bothered by people (bailiffs and debt collectors) and have a right to know who is writing to my ex-tenants so that I can request that companies cease writing to them at my address.

 

After my previous tenants moved out I was dealing with about 6 or 7 debt agencies plus the water and power utility companies and a couple of banks. In the last couple of months for example I had a letter about an IVA delivered to a tenant who moved out 6 years ago and another from a company inquiring about the bankcruptcy of a tenant of a previous LL (more than 10 years ago). So I'd say many landlords have a very good excuse.

 

Given that the Police would probably say they have better things to do it is probably best to ask for your mail to be diverted to you, and be proactive about informing people of your new address. The next think that happens is the LL puts it in the bin where it is found by someone who uses it as ID to buy a few mobile phones, get a store card or two, etc. and then you really *are* in trouble.

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http://www.legislation.gov.uk/ukpga/2000/26/section/84

 

 

 

As someone who regularly opens my ex-tenants mail, my excuse would be that I have a right to ensure that there is no risk to my current tenants of being bothered by people (bailiffs and debt collectors) and have a right to know who is writing to my ex-tenants so that I can request that companies cease writing to them at my address.

 

After my previous tenants moved out I was dealing with about 6 or 7 debt agencies plus the water and power utility companies and a couple of banks. In the last couple of months for example I had a letter about an IVA delivered to a tenant who moved out 6 years ago and another from a company inquiring about the bankcruptcy of a tenant of a previous LL (more than 10 years ago). So I'd say many landlords have a very good excuse.

 

Given that the Police would probably say they have better things to do it is probably best to ask for your mail to be diverted to you, and be proactive about informing people of your new address. The next think that happens is the LL puts it in the bin where it is found by someone who uses it as ID to buy a few mobile phones, get a store card or two, etc. and then you really *are* in trouble.

:shock:

:-x

There is also the "Theft Act" to consider,you are opening something that clearly does not belong to you,Not addressed to you,plus you are misguided in your interpretation of the law.

 

You are breaking the law and admitting it on a public forum...

 

The correct thing to do is to mark the items "left this address,return to sender" and pop the letters into a post box next time you pass one and you don't even need to stick a stamp on..

 

Royal mail are are obliged by law to return unopened items to the sender..

 

Lets just hope one of you Ex tenants or someone does not come back at you and take legal actions against you..

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Hi

 

I would report your ex landlord to the police and also Royal Mail - Interfering with someone elses mail is a criminal offence and possibility of ID Theft.

 

Also if they send more mail like that when it arrives photograph everything and keep a log.

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45002 - you are not a judge. Whether I am breaking the law depends on whether my excuse is judged as unreasonable and whether I am *intending* to act to the detriment of my ex tenants. I have told you that I am not intending to do so, and I don't believe that informing the senders that the person has gone away is to their detriment. My interest is in protecting my current tenants.

 

For the theft act to apply I would have to be shown to be dishonest, which I am not. And I'm not talking about packages from Amazon and Ebay here!

 

For my previous tenants I had about 50 items in 6 months. Most of them from debt collectors. It's unreasonable as well as being a waste of my time to return them all. There is an easy way for tenants to avoid this, and that is to set up a redirect and to conscientiously change all their addresses as soon as possible. I've moved houses lots of times and rarely had items delivered to my old addresses.

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PS. I do start off by returning mail and only start to open it if it looks like it is never going to stop. The main point though is that I think it is a waste of time to think that there is a worthwhile criminal offence angle to take here.

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45002 - you are not a judge. Whether I am breaking the law depends on whether my excuse is judged as unreasonable and whether I am *intending* to act to the detriment of my ex tenants. I have told you that I am not intending to do so, and I don't believe that informing the senders that the person has gone away is to their detriment. My interest is in protecting my current tenants.

 

For the theft act to apply I would have to be shown to be dishonest, which I am not. And I'm not talking about packages from Amazon and Ebay here!

 

For my previous tenants I had about 50 items in 6 months. Most of them from debt collectors. It's unreasonable as well as being a waste of my time to return them all. There is an easy way for tenants to avoid this, and that is to set up a redirect and to conscientiously change all their addresses as soon as possible. I've moved houses lots of times and rarely had items delivered to my old addresses.

:-x

Your opening something that does not belong to you,Not Addressed to you and regardless of it's a Personal letters,utility bills,letter with credit card in it,Packet,large parcel from Ebay,Amazon,Curry's,pc world and so on..

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Maybe Steve_M is a Now/Sun journalist, someone committing ID or credit card fraud or a concerned LL trying to protect his propert & future Ts from unwarranted intrusion.

Royal Mail makes no money from such posted re-directed mail and may consequentionally 'lose it' despite their Charter.

Many Council's now employ 'fly tip' investigators who will fine individs based on addressees of letters recovered. (I do not suggest they open sealed envelopes)

My observation is that many Laws conflict with other leg.

 

The OP had a simple legal remedy to pay PO for re-direction of his mail.

 

Would he have claim against LL for incurred personal bank/CC fees if LL had simply consigned unopened letter to recycling bin? Did T provide LL with forwarding address? Prob not.

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Hi

 

fully agree with mariner 51

 

but remember not all Landlords are like Steve_M say hypotheticaly you have a crooked landlord with criminal contacts, they are opening tenants mail photocopying it and selling the details for ID Theft/Fraud.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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By opening the mail you could be contravening the Data Protection Act. However even if you open their mail to re-direct it or contact a DC or bailiff directly could have serious consequences under the DPA and also under the DPA, DCA or bailiff cannot discuss issue with any one except the defendant so exercise may be pointless.

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Surfer, don't think dpa applies as I simply open mail to find the sender's address or contact details, contact the sender and then shred the mail. I don't record the information except anonymously (eg. names of DCAs).

 

Even so, my general point stands. Rather than continually take innocent little me to task for my potential crimes it would be more helpful to remind people of the post redirection services on offer.

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Section 84 allows a landlord to open an ex-tenant's mail if he has a "reasonable excuse" or is not intending to act to a person's detriment.

 

(3)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.

 

I'm quite calm. Just seems to me that this is one example where quoting the law doesn't help a poster, because the LL won't care about the law, is possibly not breaking the law anyway, and is unlikely to be prosecuted even if he *is* breaking the law.

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Well I actually think it does. What reasonable excuse has this LL got for opening the OP's mail?

 

How do you know the LL will not care about the law?

 

What makes you think it is unlikely to be prosecuted?

 

Can you direct me where it states that it allows a LL to open an ex tenants mail, I cant seem to find it

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:shock:

:-x

There is also the "Theft Act" to consider,you are opening something that clearly does not belong to you,Not addressed to you,plus you are misguided in your interpretation of the law.

 

You are breaking the law and admitting it on a public forum...

 

The correct thing to do is to mark the items "left this address,return to sender" and pop the letters into a post box next time you pass one and you don't even need to stick a stamp on..

 

Royal mail are are obliged by law to return unopened items to the sender..

 

Lets just hope one of you Ex tenants or someone does not come back at you and take legal actions against you..

 

How would the Police prove that the person is looking at the name on the envelope?

 

Every property I have lived in, I have opened all mail, and purposfully do not check the name, it is thus an accident if its not for me ;) This was essential as in one property for example, I had 3 months of Bailiff's, debt collectors, Court Enforcement Officers (the ones with powers of arrest), Police, Armed, normal uniformed and plain clothes detectives, loan sharks and any number of others after the previous tenant.

 

One is legally and perfectly entitled to assume any mail arriving through your letterbox is for you, and there is no law or act of parliament that says or suggests you check the name on said mail.

 

I also believe the law does in fact give leeway for the purposes as above, of protecting yourself and your property from bailiffs, police, king kong and whoever else.

 

And in actual fact, I was able to help the previous tenant in one property I lived in. Letter from a DCA, the language used was extremely dodgy sounding, it just didnt sound right, there was no Consumer credit licence number, no companies house reg no, and when contacted by phone to be told to bugger off, person not known, a very dodgy conversation ensued, with claims and demands that even most DCA's would shy away from. For example, I was told that they were sending people round, and that "by law" I had to let them into my home, and show any documents they ask for to prove I was not the person they were after - should I fail to comply, by not allowing them in, or showing the documentation then I would apparantly be committing an arrestable offence and the Police would be called, who would then force entry, and allow the collector in to search for id documents.....

 

Trading Standards were sent an extremely detailed complaint. The DCA turned out to have no credit licence, no DPA registration, were not registered in companies house, and were in fact operating (against their tenancy agreement) from a council flat near Leeds. I believe they were hammered and hammered hard, and the landlady passed it all over to the ex tenant who hopefully took further action against the individuals.

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There is a process for redirecting mail which *may* be easier and more constructive than trying to persuade the Police to prosecute the LL (in the face of huge cuts in Police numbers etc. etc.)

 

Some "reasonable excuses" are referenced above. The lack of "intending to act to a person's detriment" is also referenced.

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Oh please!! opening some one elses mail by accident is excusable, Once or twice. but to carry on doing it is unacceptable. Regardless of whether they are debt letters or not and how would you know this any way unless you have opened them. The correct thing to do is mark it as return to sender. No one has the right to open your mail. Is legally wrong and morally wrong.

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Oh please!! opening some one elses mail by accident is excusable, Once or twice. but to carry on doing it is unacceptable. Regardless of whether they are debt letters or not and how would you know this any way unless you have opened them. The correct thing to do is mark it as return to sender. No one has the right to open your mail. Is legally wrong and morally wrong.

 

I don't know about when its a commercial entity, as such, a Landlord and so on, but for a private individual like myself it can be an absolute necessity.

 

I am not legally or morally obliged to check the name on an envelope posted through my door.

 

The first house I rented, I actually did open the first post to arrive without thinking, it turned out to be for the ex tenant.

 

It was from a Court Bailiff - they have a new name now, but we are talking about the specific ones who only deal with fines and bail absconders/people who dont turn up for court in criminal actions and have the power of arrest, and I think its more than just "citizens arrest" and with the right signed warrant can force entry to search for the individual - ie they don't do the normal bailiff job of going around levying on goods or collecting money, their only job is finding, arresting and taking in the named person.

 

Had that letter not been opened, I would have had a Police Support Unit putting my front door in with an "Enforcer" Ram, and if not home, would likely have come home to find devastation with the place wrecked - Police generally don't stop to tidy up after pulling everything out on a search.

 

The ex tenant and the bloke she lived with it turned out, were wanted for a veritable zoo full of offences, several cases of fraud from their employers, burglary, even more fraud, with banks/credit companies, forging signatures, paperwork, forged cheques, assaults, benefit fraud, social services were after taking the kid (which we think is why they legged it, though the 4 months rent they owed the landlord probably helped make their decision) bail jumping, not turning up for court, fines they had defaulted on, and god knows what else.

 

They had literally done a midnight flit, and left loads of stuff which the Landlord kindly left me and my young lady to bag/clean up - never have I been so grateful for the existence of rubber gloves! There were pages of handwriting and forms, where different signatures were being tried out, there were court notices, fine paperwork, there were passports which had clearly been tampered with, there was some sort of antique expensive looking clock full of jewellery, thousands of letters from DCA's, credit card and loan application forms addressed to different names. You name it, it was there. there was also smashed internal doors and blood all over the place, the first thing we found going upstairs was a collection of wigs - given everything else, such as the passports, probably for changing "identity"

 

We called the Bailiff, and got that end dealt with, then called the Police to come round, and they took all the dodgy stuff, and the Officer told me the couple were a nasty piece of work they were "urgently seeking"

 

2 weeks after that, there was a loud hammering on the door, I opened it and about 8 cops pushed past me storming in, one grabbed me and pushed me to the floor, and another grabbed my terrified Fiance, pulled out handcuffs and started giving the "Debra XXXX I am arresting you for.." by the time it got sorted, and I managed to find our passports to prove we werent the scumbags they were after she was in a dreadful state, not even an apology from them.

 

It took about 3 months to stop the bailiff's for other things, the debt collectors, the dodgy looking people from coming round, and the 5 letters a day. And to add insult to injury after all that, another police unit turned up with people in civvies who I think might have been social services a few weeks later!

 

So, I don't give a buggery about how the legalities involved can be interpreted regarding delivered mail. My only moral obligation is to protect me and my family, my family are more important than anyone else in the world, and their peace and quiet vastly outweighs anyones right not to have their mail read, if they can't be bothered to tell people they have moved, or used RM's redirect, and I am not risking rubbish like that happening again.

 

Because it did, in another house. Nothing as dramatic, but we had police calling round several times, bailiff's, debt collectors and what I think was a loan shark.

 

So I cover myself legally speaking by never looking at the name on an envelope. I am not legally, or morally obligated to make that check, as the resident of a property I am fully entitled to assume that any envelope that drops through my door is for me.

 

However, letters from the DWP are obvious, brown envelopes with the words DWP and a Belfast address on the back, or council letters, then those if for an ex resident are handed into the jobcentre or council office clearly marked in thick pen, not known at this address, with a short covering letter stapled on, explaining they are not resident.

 

That's not for the ex resident's benefit though, thats for mine, :D if I am unemployed at the time, I don't want to risk being dragged into a compliance interview or an IUC because the system has noticed irregularities, thinking one of us is telling porkies regarding who is living where. And frankly, if they are on benefits and haven't

 

Don't mean to sound so angry, but I have had horrendous experiences from renting places after scumbags have done a runner, and prefer to minimise similar stuff happening again.

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Oh please!! opening some one elses mail by accident is excusable, Once or twice. but to carry on doing it is unacceptable. Regardless of whether they are debt letters or not and how would you know this any way unless you have opened them. The correct thing to do is mark it as return to sender. No one has the right to open your mail. Is legally wrong and morally wrong.

 

I couldn't have put it better myself.....

 

 

Now

 

I wonder what a Landlord would do,if someone was intercepting/opening Letters,Packets,Parcels addressed to them !

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Now

 

I wonder what a Landlord would do,if someone was intercepting/opening Letters,Packets,Parcels addressed to them !

 

I've never opened a parcel so you are exaggerating.

As someone who has moved home a normal number of times as a home-owner and a tenant I have always made it as easy as possible for the next person by using forwarding services, or arranging to pick up mail regularly, and by proactively informing people and companies of my change of address.

 

I also don't make a habit of racking up utility, store card and phone debt and attempt to run away from it leaving someone else to pick up the pieces.

 

So nobody has a reasonable excuse to open my mail.

 

Simple really.:roll:

 

I wonder how my tenants would feel if their utilities were cut off, or their key meter stole all their money to pay for the previous tenants' debt without them or me realising, or they had bailiffs and debt collectors at the door on a regular basis.

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Now

 

I wonder what a Landlord would do,if someone was intercepting/opening Letters,Packets,Parcels addressed to them !

 

I've never opened a parcel so you are exaggerating.

 

I think you will find that was a rhetorical question, not a statement of fact or an exaggeration.

 

I can certainly sympathise with you, caledfwlch have a very similar occurrence happen to me. After the second time of the police knocking at my door at silly o clock in the morning I complained to the chief inspector, he verified with my letting agent who I was and how long I had been there and the visits stopped. The same with the Bailiffs. All letters that were not mine were sent to the letting agents to deal with, they stamped 'Returned unopened' on the envelope, signed it, dated it and sent it back. Bailiffs who did come knocking as well as doorstep DCA were given the address of the letting agents and they were sent on their way.

 

Right, lets get back to the OP's question shall we :)

 

If the landlord is intercepting her mail in way of opening it before he sends it on to her, he is purposely interfering with her mail and he IS NOT allowed to do that.

 

I suggest that you write to him requesting him to stop or you will be reporting him to the police.

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