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Opening post and trying to obtain funds held within the letter

4 replies

Blondbond · 24/09/2020 14:46

We have a tenant who has opened a letter addressed to my partner the tenant claims name was blocked so he could not see it . Then having opened it he tried to claim the refund due to my partner , he had held onto the letter and tried several times to get the refund from British Gas but did not know the date of birth or passwords so British gas refused he had held onto the letter for well over a month before we finall after a routine visit and he behaving very defensivly produced the letter and said he would only pay the balance of the rebate as rent , the electricity had been paid via a card meter and infact the letter had some of the rebate due long before he moved in. He was reminded his rent was overdue to which he text he was only going to pay the balance being the difference but did not allow for the balance due to my partner before the tenant had moved in. He paid today the balance and as usual it was late his rent being due the 16th and only today having paid a part of it , in total breach of the tenancy contract. I Am I correct in thinking he has committed fraud 1 in opening the post and 2 trying to obtain the funds due to my partner not him. This all came about as the tenant had changed electrcity supplier and should he had managed to get the funds we would never have know anything about it ? comments please

OP posts:
Shouldbedoing · 24/09/2020 14:48

It's fraud/theft pure and simple

Lonecatwithkitten · 24/09/2020 19:26

First thought is that your partner needs to get a mail redirection in place ASAP as this tenant has proven themselves not trust worthy to pass on post.

chatterbugmegastar · 25/09/2020 06:48

Get rid of the tenant ASAP and get Mail redirected

Lineofconcepcion · 25/09/2020 12:28

It may be attempted fraud although if he has rights to part of the money you will not get anywhere trying to have him prosecuted. Regarding opening the letter, there is nothing you can do as his explanation is reasonable.

If this is a tenanted property you own and it is an AST in your position I would advise the tenant that although only part of the rebate was his, you will allow him the full rebate as a gesture of good will, and remind him the rent is due on or before 16th of each month. However if it would help him that you can move the rent due date to the day he is paid.

Your attitude is not one you can afford to have at the moment. Providing he is not still within the fixed term, you could serve a s21 notice giving 6 months. However that may be enough to stop him paying altogether.

Adopt a conciliatory attitude but being firm. Trying to get a tenant out at the moment is horrendously difficult and will take upwards of 9 months. Be thankful he pays the rent even though late.

Did you serve a how to rent booklet, gas safety and electrical safety cert (if required) and epc. Did you protect the deposit in a scheme and serve the Prescribed Information on time?

As others have said, set up a redirect with the post office.

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