Right to know landlord's postal address

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    #16
    "I agree with everything dominic says except that a letting agent has implied authority to open his client's mail."

    Grammatically correct, LC agrees with dominic apart from the phrase after 'except' which reverses the agreement fot that phrase.

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      #17
      Originally posted by dominic View Post
      However, jpkeates I am afraid you are fundamentally mixing up contract law with agency law, even though what is in a contract can serve as evidence of what authority the agent "actually" has, but it does not serve as evidence as to what authority the agent "apparently" has. Exercise of either authority is considered binding on the principal.

      Agency is a fiduciary relationship which results from the manifestation of consent by one person (the principal) that the other person (the agent) shall act on the principal's behalf and subject to his control, and consent by the agent to so act. No contract is needed. No consideration is needed. This is agency, not contract.
      Thanks - I agree that I had not fully considered agency law in my response.

      However, while I do not disagree with anything you say - the situation with letting agents is more proscribed than the general statements you make.

      While it is true that no contract is needed to establish an agency, where a contract does exist it has a significant bearing on the agent and principle as it defines boundaries.
      I take your point that the not opening letters would be a problem as it is simply not mentioned, rather than being prohibited - I possibly need to think about that.

      Also, the rule that the principal is bound by the actions of the agent only extends to actions that are those usually confided to an agent of that character.
      That does obviously allow a huge chunk of "grey area", but I think I'd still regard opening post addressed to the landlord as outside that scope,
      in the absence of any case law that says otherwise.

      It's complicated by the fact the address would be that of the agent - which does open the door to the agent reasonably believing they could open it.
      Last edited by jpkeates; 08-07-2014, 06:58 AM. Reason: Broken tags
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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        #18
        Please remember that the tenant could not take any action if the agent opened up the landlords mail.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

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          #19
          And let us also remember that a tenant has the right to be informed by an agent of the landlord's actual address.

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            #20
            On a slight tangent here but does this address need to be a UK address or can it be an overseas address?

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              #21
              Where the tenant makes a request under section 1 of the Landlord and Tenant Act 1985 the address supplied must be the landlord's actual address. The Act defines "address" as "a person’s place of abode or place of business or, in the case of a company, its registered office". If the relevant address is abroad that is the address which must be given.

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                #22
                If the LL hasa reasonable excuse he doesn't have to supply his address. I don't know what constitutes a reasonable excuse though.

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