Landlord AIBU?

[thanksroyalmaill]

For 2+ years I have rented an expensive/new build city centre apartment from an overseas landlord. As the landlord isn’t based in the UK, he doesn’t regularly check his mail and doesn’t seem to be aware of UK legal processes. He also can’t speak English so there’s a bit of a delay in communication.

EG he didn’t pay any bills between when he bought the property and when I moved in, leading to being in debt with every utility provider/council tax. He also doesn’t seem to have paid ground rent, insurance or service fees and is getting letters before action.

I pass any letters to the letting agent, but they are slow to collect them. They sent me a email yesterday to state the landlord wants to increase the rent, and to open his mail and send them photos of the contents of the letters (which state he owes £2,000). Aibu to think the landlord will use these letters as a means to increase my rent and recoup his expenses? Just feel like I’m being placed in an awkward situation here, like I’m setting myself up for failure by taking photos of these letters before I receive my new contract.

I'd be tempted to tell the estate agent that your secretarial services come at a reasonable hourly rate. He should use a redirection service to someone to whom he's assigned power of attorney, or he can send someone round to collect mail from the concierge.

(But yes you should probably anticipate that he may try to evict you so get clued up on your rights and work out a plan B)

He may increase your rent even without seeing the contents of the letters. But I agree, no need to hand him the ammunition! Also you’re not his bloody PA. I’d ignore the request to be honest and perhaps start looking for alternative arrangements?

Er no. That what the letting agents are being paid to do.

I didn’t mention this in my OP, but I actually responded to their email yesterday saying I’m not happy with the rent increase. They responded to say that my rent would not be increased but to send photos of the letters. They haven’t issued my new contract yet so I’m worried once they see the letters, they’ll renege and try and push a rent increase again! It’s not like I have anything properly in writing and I’m already paying £1800+ in bills without the increase!

One has nothing to do with the other. He can increase your rent when he's allowed to according to the law/lease. He doesn't have to have a reason. It's up too you to decide whether to pay it, negotiate (he may say no), or leave.
As for the letters - this is between the landlord and agent. It sounds like a legal minefield to be opening up his mail.
Tell the agents he needs to get a mail redirection in place, they need to pick up his mail, and be sure they have given you all the documents required for tenants - Google what they should have given you.

Has he protected your deposit?

Yes the deposit is protected!

Is the agency local? Could you gather the letters and take them round to the estate agency and ask them that all letters be redirected to them going forward.

I've been a landlord before and the mail should not continue going to the tenant's address. He should have a business address in the UK if he doesn't have a personal one and this shouldn't be your issue.

Forward all outstanding mail to agent unopened and any further return to sender with that address for future correspondence. It is irrelevant ll is overseas, the agent is employed to liaise on their behalf but ultimately legalities are down to ll.

£1800+ in bills over what period? Did you confirm your move-in date to the utility companies so they're only charging for what YOU owe?

Honestly? I’d look for a new flat.

But I wouldn’t open and photograph the letters, I’d say I was happy to post them to the letting agents to deal with.

Send all letters back with no longer at this address written on the envelope. His post is not your problem.

Am I correct in thinking that HMRC require you to withhold part of your rent (to pay the taxes due) if the landlord is domiciled abroad? Worth checking out, I would have thought, for your own peace of mind.

I think the agent may do this unless the ll has an exemption.

I wouldn’t personally send photos of the letters. The letting agent should come and collect them!

Bit of a CF even thinking about increasing the rent when he's made no attempt to pay any bills himself.

If you have lived there for 2+ years without rent increase, then I don't think it's unusual for the landline to increase the rent now.

The letters, the landlord needs to have them forwarded or the agent needs to collect them.

I assume the landlord's name and address (which legally has to be supplied) is given as the letting agency on your tenancy?

As the agency have said it's OK to open the letters and send them photos, then I'd do just what they have asked.

As for asking for a rent increase, then they need to do it properly using a section 13 notice.

If £1800 is comparable to other similar rental properties then I would decline the increase. If it's a bit below market rent then be prepared to have to accept an increase or move house.

You don't need to sign any new contracts. Once your fixed period ends it goes onto a periodic tenancy.