Definition of 'written'

Chris2685

If a contract/agreement says something has to be written, does it have to be written as in typed out, printed, signed and posted?

Or can it be an e-mail?

As far as I am concerned, an e-mail is just as valid as a written letter as both can be just as easily forged.

I was wondering what the legal opinion on this might be?

chickmug

For what is it worth our solicitor (contract law specialist) said letter whether typed or handwritten and whether posted hand delivered or faxed was fine but needed to be signed. However emails were not as they could be forged and no way of getting the signature on them.

In what context are you wanting to know?

Chris2685

Since we moved into our rented accomodation we have only really been communicating via e-mail to the letting agent. There is nothing amazing that would need to be written, but we were wondering if anything that has been said in the e-mails could be used to back up anything we may need to claim in the future, such as us notifying them of things when we first moved in like the handle on the washing machine being a bit awkward, and just little things really...

I was about to ask about ending our rental agreement early, but wasn't sure if I should write a letter or just send an e-mail.

I will write a letter instead given what you have said.

chickmug

Yes definitely letter and if hand delivered ask them to sign a receipt for it. If they refuse to give a recepit take it to the PO and send recorded delivery.

Chris2685

OK, thanks for the advice... Sucks that we can't just trust them to be amicable(sp?). Seems like so far they have been good, but then again, so far we have been paying them money every month. I'm sure when they find out that will stop they will stop being quite so friendly lol...

It's a shame the landlords don't just manage the letting themselves, they're much easier to get along with....


By the way, does anyone know if this means what I think it means? I think that it means that after the 30th April 2009 we can give 2 months notice. But the way it is worded makes my head hurt.


9.11.1 - Notwithstanding the provisions contained within the Tenacncy Particulars and relating to the term of the tenancy hereby created it is agreeed that either part may terminate the agreement by giving to the other at least two months prior written notice of theur intention to so do such notice to be served on a rent due date and delievered by hand or first class post and shall not expire before 30th April 2009 at which time this Tenacny shall determine absolutely but without prejudice to any claim by either party against the other in respect of any antecedent breach or non-observance of the prvision of the Agreement.


Do you think it would be good manners to e-mail them first and let them know our intentions, so we can find out if they would be willing to let us move earlier?

chickmug

I learned a long time ago never to trust anyone as we were shafted by all walks of life. Even policemen and vicars.

Can't help on your qestion as we never did lettings so hope someone will be along soon to help you out.

Chris2685

Maybe I need to post a more relevant topic?

Or just go with my gut instinct :P

chickmug

Chris2685 wrote: »

Maybe I need to post a more relevant topic?

You could be right as the current title is not really apt?

silvercar

I've communicated by text message. I guess if it was likely to be a point of contention I would follow in writing with, "as notifed by text yesterday..."