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Hi All,

 

Just wondering whether a clause in a tenancy agreement is enforceable? it says the tenant must forward all correspondence addressed to the landlord within 7 days, and reasonable costs incurred by the landlord due to the tenants failure to comply are to be repaid.

The landlord gets alot of mail, and its not always easy for the tenant to remember or find the time to do it,

any thoughts?

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Who is the mail from? Social security? Banks? etc, if so I'd return to sender. He may be doing something morally wrong. Alternatively put all in a bag and tell him to collect once a month. I'd say that part of lease would be uninforceable and Id just return the lot to sender.

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I would have thought the Landlord would have had the sense to redirect his/her mail if he/she was that bothered about missing something. IF he/she`s continued using 'your' address then as has been said, it may be worth wondering if he/she is actually doing something that they shouldn`t be.

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You have no legal obligation to pass mail on.

He shouldn't even be having any correspondence sent there!

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thanks for the quick replies guys - yes the majority of it is bank looking mail.

We've always tried to get it to the landlord and it can be a real pain, but we're nearing the end of our tenancy and the landlord has decided to remind me of this clause and says he is waiting for important mail. I will of course forward anything that is here, (quite alot) but its not all from within 7 days, so wondered if this may be some sort of deposit keeping tactic!

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You could have a word with the OFT because my view is that clause comes under 'unfair terms in tenancy agreements' http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf

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@ cerberusalert, exactly!

Also agree with elise, if the important mail he is waiting on was that important he would have had it sent to his own address

My guess is, he's letting his house out without permission from his mortgage provider which is a no no :wink:

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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To abide by that clause would mean that you couldn't take any holidays just in case some mail comes for your muppet landlord. ;)

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Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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hi all, thanks again for the responses. I've sent what was here, but will definitely bear in mind that the clause is most likely unfair if he tries to claim some sort of damages for any late post! cheers

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The normal mortgage rather than buy to let seem a fair possibility, often there is a clause so that if a notice regarding repair etc is served the landlord will get it . I have often served notices which because there will be a charge put on the property if non complience go to the mortgage company as well to get a swift call what tenants?

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Hi python79

 

Agree with all advice given

 

Also have you considered that since you are being made to 'ADMINISTER' the Landlords Mail of informing him writing that you will be charging an administration fee of say £25

for each time you have to arrange the forwarding of there mail as per there temancy agreement (Quote Clause).

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