Very strict laws are in place with criminal charges possible
Many homeowners or renters keep getting mail for previous residents – often for years and years afterwards. To start with many people laboriously write ‘no longer at this address’ and dutifully post it back to the sender.
After a while, though, some may be tempted to open the ‘urgent’ post to see why they keep getting it – and with the best intentions to contact the sender directly. Some might eventually start to stick them in the bin. However, experts have said this would be a big mistake.
Fosters Solicitors said: ”We’ve all received someone else’s mail from time to time and on occasion it can be tempting to investigate, BUT this may not be the best idea…”
It explained that people could face criminal charges: “A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, they open a postal packet which they know or reasonably suspects has been incorrectly delivered to them.
“The Act also refers to a person who ‘intentionally delays’ post being received – even throwing away unopened mail could lead to problems!
“Even your postie could face criminal sanctions if they intentionally delay or open a postal packet in the course of its transmission by post.”
The penalties could be big, they said: “These sanctions could lead to either a fine or a prison sentence of between six months to two years depending on the circumstances. Never open someone else’s post without consent.
“If consent cannot be provided, only open someone else’s mail if you have legal authority, i.e. power of attorney, are an acting executor in an estate, or a legal guardian.
”Send any unopened mail back by writing ‘return to sender’ on the envelope and posting it in a letter box, as soon as possible.”
To view the legislation click here.
Royal Mail said: “If you receive mail with your address but the wrong name, it’s because we deliver to addresses, not names. You can cross out the address, write ‘Not known at this address’ or ‘No longer lives here,’ and drop it in a postbox. We’ll try to return it to the sender so they can update their records.
“If you’ve received a ‘Something for you’ card with the wrong name, we recommend throwing it away. After our holding period, we’ll return the item to the sender. If you’ve received mail that’s not in your name or address, we’re sorry for the mistake and inconvenience. Please drop the mail in a postbox when you can. There’s no need to add postage. We’ll handle it from there and deliver it to the correct address.”
