Giving notice to terminate a tenancy by email

Ulfar

Is it possible to give notice via email ?

G_M

I wouldn't. Pretty sure not. Why would you want to?
(and are you tenant, landlord... or agent :rotfl:?)

clutton_2

as long as it is given in advance of the correct date and is followed up by a written letter of confirmation of the enclosed email i dont see why not

Ulfar

There are a couple of reasons why.

The first being it proves when the notice was given.

The second would be because the letting agents closing time is before I finish work and they aren't open at the weekend, they also don't have a postbox on the lettings office.

I was wondering what the legal position would be, does email count as written or does notice have to be a physical letter with your signature.

I will be giving my notice tomorrow and will be leaving work early as I have an understanding boss, good job given the amount of stress I have been going through to get my house purchase sorted.

togarama

I gave notice by email. LL and Managing Agent didn't seem to have a problem with this. (But then, I'm not due to move out until this weekend so there's still time for something to go wrong...)

Chris

Jowo_2

Ulfar wrote: »

Is it possible to give notice via email ?

What does your agreement say - does it insist on written notice?

chickmug

Ulfar wrote: »

I was wondering what the legal position would be, does email count as written or does notice have to be a physical letter with your signature.

Our firms solicitor advice was that email was NOT an acceptable alternative to letter or fax. The reason is the email can easily be tampered with and altered - which it can.

theartfullodger

Housing Act 1988 Section 5 states...

(5) If, on or before the date on which a tenancy is entered into or is deemed to have been granted as mentioned in subsection (3)(b) above, the person who is to be the tenant under that tenancy—
(a) enters into an obligation to do any act which (apart from this subsection) will cause the tenancy to come to an end at a time when it is an assured tenancy, or
(b) executes, signs or gives any surrender, notice to quit or other document which (apart from this subsection) has the effect of bringing the tenancy to an end at a time when it is an assured tenancy,
the obligation referred to in paragraph (a) above shall not be enforceable or, as the case may be, the surrender, notice to quit or other document referred to in paragraph (b) above shall be of no effect.

It doesn't seem to say (notice to quit or other document) you can't have an email but then doesn't specifically OK it...



I'd put it in writing just in case... and keep a copy...

(If in periodic tenancy) notice to end on last or first day of period. So, if Tenancy started 1/1/09 with fixed term of 6 months periods are running 1st to end of month so notice, if given today 8th Oct must expire end November or 1st December, is my understanding. So, one month notice but... Landlord must give 2 months notice. If in fixed term of tenancy you are (kinda) committed to stay to the end of the fixed term.
.
Landlord/Agent may be willing to agree to an earlier surrender.

See
http://www.landlordzone.co.uk/notice_to_quit.htm

Cheers!

Lodger

laughingcow81

An alternative might be to produce a letter in pdf form, and send that as an attachment?

Then print out the pdf and send the hard copy to the office (or hand it in)?

theartfullodger

I think Law of Property Act 1925 Section 196 still applies....

196 Regulations respecting notices

(1)Any notice required or authorised to be served or given by this Act shall be in writing.

- By all means send an email, but make sure you follow up with a letter, keeping a copy.

Acknowledgement of the email by the agent/landlord would probably be looked on favourably by a Judge... but you never know...

Cheers!

Lodger

chickmug

laughingcow81 wrote: »

An alternative might be to produce a letter in pdf form, and send that as an attachment?

Then print out the pdf and send the hard copy to the office (or hand it in)?

Good point but I still would not do that unless you know for a fact that the recipient does understand emails and attachments. A point raised in one of my agents meetins and I was surprised to hear some agents say they never opened any attachment as they were scared of it containing a virus. I did explain Pdfs were one of the few attachments that could be relied on not to contain a virus but...