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Email as sufficient notice to leave tenancy?
Fett132
Posts: 33 Forumite
Hi!
My Letting Agent requested (via a text message) our signed notice to leave (if thats the correct term) to be scanned and emailed to her by the 28th (which is the start date of our rental month).
I managed to get it signed by all tenants (there are three of us now, but on the contract there were four, one moved out and we carried on the rent between us) and emailed to the Letting Agent. I also sent the original copy recorded delivery to them which should arrive on 29th.
We are on a periodic tenancy as our contract expired about four months ago and we just carried on paying the rent.
What Im worried about is that the agent told us we had to give two months notice but after seeking advice it turns out we only have to give one month, which is good news for us because the students will be returning soon and we want to get a place before they all get back for the start of the academic year!
Either way, Im very much expecting them to turn around and say it didnt reach them on time so we will have to move out two months from now.
Where do you think I stand with this situation?
1. They have requested the notice to be scanned and emailed over a text message.
2. I emailed the scan of the signed notice and posted recorded delivery on the starting day of our tenancy.
If they try to dispute this, Im not sure a text message will hold up in small claims court.
My Letting Agent requested (via a text message) our signed notice to leave (if thats the correct term) to be scanned and emailed to her by the 28th (which is the start date of our rental month).
I managed to get it signed by all tenants (there are three of us now, but on the contract there were four, one moved out and we carried on the rent between us) and emailed to the Letting Agent. I also sent the original copy recorded delivery to them which should arrive on 29th.
We are on a periodic tenancy as our contract expired about four months ago and we just carried on paying the rent.
What Im worried about is that the agent told us we had to give two months notice but after seeking advice it turns out we only have to give one month, which is good news for us because the students will be returning soon and we want to get a place before they all get back for the start of the academic year!
Either way, Im very much expecting them to turn around and say it didnt reach them on time so we will have to move out two months from now.
Where do you think I stand with this situation?
1. They have requested the notice to be scanned and emailed over a text message.
2. I emailed the scan of the signed notice and posted recorded delivery on the starting day of our tenancy.
If they try to dispute this, Im not sure a text message will hold up in small claims court.
Will this email be deemed an acceptable, on time notice by the courts? 27 votes
Yes, it was on time and requested by them
7%
2 votes
No, email is not sufficient and the letter will not arrive on time
70%
19 votes
It is a very grey area and could go either way
22%
6 votes
0
Comments
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No, email is not sufficient and the letter will not arrive on timeIf your rental periods start on the 28th of the month then your written notice should have reached them BEFORE the 28th.
Text messages, emails or personal messages via Facebook are not adequate. You might be able to prove that they were sent but you cannot prove they were received or even read.0 -
No, email is not sufficient and the letter will not arrive on timeSuch electronic messages like email and texts are not sufficient for important things. When used, they need to be followed up by a written version as soon as you have sent the electronic version.The bigger the bargain, the better I feel.
I should mention that there's only one of me, don't confuse me with others of the same name.0 -
If a joint tenancy then one tenant can end the tenancy for all by giving correct notice.0
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No, email is not sufficient and the letter will not arrive on timeIt seems that the OP adnd their co-tenants will still be paying the rent until the 27th of August, so should now have plenty of time to wash down or repaint those marked walls the agent has pointed out to them.....0
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One of my responsibilities involves Generation Y, contracts and fairly large amounts of money that have to be validated via said contracts in a verifiable and legal way.
I am absolutely sick of Generation Y's inability to understand that an email does not constitute acceptance or termination of an important legal document.
Ignore your smartphone for 20 minutes, buy a stamp, sign a piece of paper, and mail it.0 -
It is a very grey area and could go either wayWow ruggedtoast you have some serious issues. It was actually the letting agent that requested the email to be sent and I have sent it by post also, so you will just have to read the actual post before commenting next time maybe?0
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No, email is not sufficient and the letter will not arrive on timeWow ruggedtoast you have some serious issues. It was actually the letting agent that requested the email to be sent and I have sent it by post also, so you will just have to read the actual post before commenting next time maybe?
Doesn't get away from your issue though.
ie you havent served written notice by 27th June. So you'll have to pay until 27th August.... unless they don't realise you've served notice incorrectly to get out by July 27th.0 -
It is a very grey area and could go either wayJonnyBravo wrote: »Doesn't get away from your issue though.
ie you havent served written notice by 27th June. So you'll have to pay until 27th August.... unless they don't realise you've served notice incorrectly to get out by July 27th.
True. Im not trying to get out of paying rent, I just wondered where we stand. If the letting agent wants us to stay another month then thats their right (although they would be changing their mind to suit their own needs) seeing as I didnt get the letter to them on time, I just wanted to make sure that was the situation.
Thanks everyone for your input!0 -
Wow ruggedtoast you have some serious issues. It was actually the letting agent that requested the email to be sent and I have sent it by post also, so you will just have to read the actual post before commenting next time maybe?
LAs have no formal training or qualifications as a general rule.
The LA may have asked for this by email. But your question was whether a court would accept an email as good service. And the answer is No. See the Civil Procedure Rules if you don't believe us.
If it got to court then the LA has potentially stuffed you up.0
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