If you are stuck in such a situation, here is what to do.

Mr. Sharma, a resident of Bristol, is facing a predicament. His aunt, Mrs. Kaur, relocated permanently to Canada several months ago and has since become a Canadian national. Despite this, she continues to use Mr. Sharma’s address for various official purposes in the UK. Mail from Her Majesty’s Revenue and Customs (HMRC) regarding her UK pension, correspondence from her former bank “Britannia Financial,” and even electoral information for proxy voting are all being delivered to Mr. Sharma’s home. Mrs. Kaur has sold her only property in the UK and has no remaining ties to the country. Mr. Sharma is anxious that his passive involvement could be misconstrued as complicity in illegal activity and is concerned about unexpected visits from officials or debt collectors looking for his aunt. He has tried to discuss this with Mrs. Kaur, but she dismisses his concerns, insisting that it is harmless.

Advice in such cases

Navigating this situation requires a careful and proactive approach. While you may not have malicious intent, allowing your address to be used can inadvertently make you part of a misrepresentation. It is crucial to take steps to dissociate yourself from this arrangement to avoid potential legal complications.

• Communicate clearly with your relative. Inform them in writing (such as via email, so you have a record) that they must cease using your address immediately and update their records with all relevant organisations. Explain the legal risks this poses to both of you.
• Do not open their mail. It is an offence under the Postal Services Act 2000 to open mail not addressed to you without a reasonable excuse.
• Return all mail to the sender. Clearly write “Not at this address” or “Moved” on the envelope and put it back in a post box. This officially notifies the sending organisation that the addressee no longer resides there.
• Contact the organisations directly. For critical mail, such as from HMRC or financial institutions, it is advisable to contact them directly to inform them that the person in question has moved abroad and no longer resides at your address.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

Applicable Sections of Law

Several pieces of UK legislation are relevant to this scenario. The primary concern is the potential for fraud.

• Fraud Act 2006: Section 2 of this Act deals with “Fraud by false representation.” If your relative is using your address to dishonestly make a gain for themselves (e.g., obtaining credit, maintaining a bank account under false pretences) or cause a loss to another, they could be committing an offence. While you are not the one making the representation, knowingly facilitating it could be problematic.
• Representation of the People Act 1983: It is an offence to provide false information on an electoral registration form. If your relative is registered to vote from your address despite living abroad, they are making a false declaration of residency, which is a criminal offence.
• Council Tax Regulations: If you are claiming a single-person discount on your Council Tax while allowing someone else to use your address as their official residence, this could be investigated as Council Tax fraud.
• Postal Services Act 2000: Under Section 84, it is an offence to intentionally delay or open a postal packet in the course of its transmission without reasonable excuse. This is why you must return mail to the sender rather than destroying it or holding onto it indefinitely.

If you are the complainant

As the person whose address is being used, you are the primary complainant. Your priority is to officially distance yourself from the situation. You should systematically inform all relevant parties that your relative does not live at your address. Keep records of all correspondence you send, including dates and copies of letters or emails. Returning mail to the sender is a crucial step in creating a formal record that you have taken action.

If you are the victim

In this context, you are the victim of a situation that has been imposed upon you. The risks include being implicated in your relative’s financial or legal affairs, facing visits from bailiffs or debt collectors, and potential negative impacts on your own credit file if your address becomes linked to defaulted debts. The emotional stress and anxiety of this situation are also significant harms.

How the police behave in such cases

The police may initially view such a report as a civil matter between family members. However, if there is evidence of a criminal offence, such as fraud, they are more likely to take action. Typically, you would be advised to report the matter to Action Fraud, the UK’s national reporting centre for fraud and cybercrime. An investigation will only be launched if there is sufficient evidence and it is deemed in the public interest. The police will likely advise you to first take the civil steps of returning mail and informing the relevant companies.

FAQs people normally have

What evidence is required?
Evidence would include the letters themselves being sent to your address, any written communication with your relative about the matter (e.g., emails or text messages asking them to stop), and proof of your own residency. If you have any evidence of your relative’s life abroad (e.g., knowledge of their new address, citizenship status), that would also be relevant.

How long will the investigation take?
If the matter is handled civilly by you informing the various organisations, it can be resolved relatively quickly as each company updates its records. If it becomes a formal fraud investigation through Action Fraud, the process can be very lengthy, potentially taking many months or even years to conclude, depending on the complexity and caseloads.

Advocate Sudhir Rao, Supreme Court of India