Found out landlord is probably doing some kind of fraud?

[LolaMacbeth]

Right, I want to be very quick on details. Sorry posting it here but wanted atleast someone to reply.

I've rented for 2 years now Assured shorthold agreement, periodic.

The landlord always receives letters in her name on my adress. I found it weird so started to send them back.

After a while she contacts me saying for me to not send them back, to just let them be sent to my adress no explanation as to why.

Fast foward some disputes we've had with repairs and other things. I now finally found out that these letters are from the lender, of her mortgage. The one she has on this property.

I didn't open them but I started to get curious and put a light against one them. It even reads the exact amount that she pays for mortgage and on going rates.

I went to the registry and it says this property is a freehold too.

Why would she receive such important letters in this adress? Why not hers? Why insist in these being sent here, she doesn't live here.

Should I try and clarify it?
Should I speak of this to the solicitor ( going for unlawful raise of rent refusal to repairs of structure of the property and other things)

It's not

I disagree it's not the OP's business. If the lender were to find out the house is being rented out and they wouldn't give their permission for it the tenancy could be voided. The LL has a residential mortgage instead of a buy to let one. The fact it is freehold is neither here nor there. Irrelevant for the tenancy.

Everyone assuming that the lender will repossess etc had not considered that the landlord may have a consent to let.

If she had consent to let the mortgage letters wouldn't be going to the house, they'd be going to where the landlord lives. The OP has said the deposit hasn't been properly protected either. The LL doesn't know what she is doing and is unprofessional. She's obviously been stung by the rise in interest rates and put the rent up.

Some disputes and things? OP focus on figuring out how to resolve those issues with Citizens Advice.

As others have said opening someone else’s mail is a crime. Who knows why its there. I’ve lived in 3 other countries and when I’ve rented from a landlord and not an agent I’ve had post delivered for them. I kindly emailed or texted to ask what they wanted me to do with it. Recently I was in a shorthold tenancy and my landlord asked me if I would have the time to put all his post in an envelope and forward to him in spain. He immediately reimbursed me. He could have asked the estate agent but he was also very kind to me and didn’t kick up a fuss about anything when we moved out and helped me track down a missing package a relative mistakenly sent. Kindness goes a long way.

It is legal to open someone else's post as long as you have a reasonable excuse eg you suspect fraud is being committed at your address and as long as you're not acting to someone's detriment eg stealing a cheque

Can people stop with the "it's a crime to open post". No it isn't unless you mean to cause detriment to the person it's addressed to.
I had to open mail in previous apartments to let senders know the person isn't there because return to sender wasn't working.

X posted

The letters were not open. When a letter only has one sheet of paper inside if you put it in on a window with good light you can actually read it. That's what I did.

The letters are still here for landlord to collect like always untouched.
Just to clarify that.

This. Move out if you don't like it.

Ok so what’s your plan, blackmail?

Not rtft but surely this woman doesn't have an official buy to let mortgage and has a conventional mortgage so has to pretend she is still living there?

It's quite low level fraud imo. Bear in mind she might have a good fixed rate at the moment and changing to a buy to let mortgage would massively increase her premium or be changed a cancellation fee. This might even make it unaffordable for her to let her flat or possibly pass the increase onto you.

There are far bigger things to be concerned about.

Or she could've just got a consent to let!

Either way, I don't think she'll be arrested!

A letter with one piece of paper would most certainly not have given you her type of mortgage and how much she pays. That would have come from a yearly statement which has a good few pages.

OP forget all the solicitor stuff. Just send her a message saying that if she does not fix the issues you will be making a complaint to the council with all of the details of your address and landlord info.

If she is indeed renting illegally that may spring her into action.

So the property:
*has an unfixed roof leak
*mould
*rent increases throughout tenancy
*unprotected deposit

Speak to Shelter.

Doesn't mean the landlord will leave their estate to you in their will

It is her business, because the property won't be appropriately insured.

OP, does your landlord have an HMO license? You can check online on your local council's public register.

What @SaturdayGiraffe says. The OP doesn’t “sound like a nightmare”, the landlord is allegedly not complying with some key legal obligations including obtaining a license (selective licensing area), protecting deposit, gas safety checks, etc. It also appears they are doing something funny with rent increases and failing to maintain the property.

Shelter and a lawyer are totally appropriate.

How many letters are you getting?

@Time2Rise how would the insurance be invalid due to the mortgage potentially not being a BTL?

It makes no difference to the insurance.

Surely if the landlord was deliberately intent on committing some type of mortgage fraud, they would have put a re-direct on their post at the Royal Mail?

It's free for the first 3 months and can remain valid for 4 years, subject to renewals. The original sender would never know their letters were being redirected.

The landlord either must be very dim or doesn't know they are doing anything wrong with regards to their mortgage (if indeed they are).

Landlord is likely doing this to commit some kind of fraud, mortgage fraud, council tax fraud, trying to avoid capital gain tax etc. You have no obligation to participate in this by giving them the letters, simply return them to sender. However, the refusal to make repairs is a concern, and impacts your 'quiet enjoyment' of the property, not to mention your health. I would speak to shelter and ask what you can do about this. Probably best to try to find somewhere else as they are clearly not good landlords.

Do you live in an area where landlords need to be registered with the local authority? It is the case in Scotland and a (far too few) places in England. If they are not then they are not complying with the law. Some do this by getting mail addressed to the tenant.
Separate issue, if you are having problems with to our landlord not completing with safety requirements, your local council will have a department who can help enforce this - yes private tenants are covered.

Can the landlord end the tenancy if you complain, so just put up with it - well maybe the domestic abuser will be angry if you report him yo the police - but noone will say put up with that, will they?

''@bevelino

OP, your landlord may have a regular repayment mortgage but is letting the property, which would need the permission of the lender. However, it is none of your business''

What?

It is her business if the landlord is letting the property without the permission and knowledge of her mortgage company.

If the mortgage company finds out they can ask the owner to repay the entire mortgage back or at the very least they will be asked to repay within a short time all the extra interests they should have paid on a buy to let mortgage.

Also the home insurance would be invalid if the owner does not live in the property and does not have consent to let.

The OP is right not to want to be a part of a mortgage fraud.

OP I would continue returning the letters with a big 'this person does not live at this address' or similar written on it.

She has broken the law as well by not providing you with a gas certificate.

Has she protected your deposit as she should have with one of the independent schemes?

Another really dodgy landlord who needs to be made to face the consequences of her actions.

As people as said speak to Shelter and your local Citizen Advice Bureau.

Some really shocking comments on this thread from people I must say. I cannot comprehend how anyone would want to defend a landlord who has broken the law in term of safety certificates & deposit, who fails to conduct essential repairs and who sounds like they are lying to their bank. Unless they are dodgy landlords themselves of course I cannot see how anyone feels it is appropriate to blame the OP.