Email as sufficient notice to leave tenancy?

RobertoMoir

No, email is not sufficient and the letter will not arrive on time

girl_withno_name wrote: »

And why can similar arguments not be applied for delivery via email?



The bold above also contradicts the earlier argument (not yours admittedly) of emails not being adequate as you can prove that they were sent but you cannot prove they were received or read... from the above, as long as they were sent to the destination address (hypothetically an email address) then the tenant's requirements could be fulfilled and if noone picks up the emails or reads them, this isn't the tenant's problem.

But the question isn't what you can and cannot prove, it's about what the courts will and will not accept as a suitable channel for serving legal notices.

Fett132

It is a very grey area and could go either way

This issue is going to come to a close pretty soon I hope. We have some issues with the LA trying to repaint the whole flat and new carpets with our deposit which we will let the DPS sort out, the only issue is still with this notice.

So, to reiterate, the last day I could give notice to leave would be 28th. This I am sure of as it is our rent start date.

Posted letter to end recorded delivery on 15th. Was lost in post.

Posted letter to end next day recorded on 27th to arrive 28th. Two attempts at delivery, then picked up by LA on 4th.

Posted letter to end in person, with witness, through agents address (which is also home address) on 28th, which was a Sunday.

Im aware we will probably end up paying the extra months rent if none of our letters are acceptable to end the tenancy. Nothing much I can do about that now, its fine.

So the email isnt good enough, thats fine. I suppose my question is:

As the letters were attempted delivery on 28th and the LA did not pick them up, do you think the courts will accept the attempt as suitable? I think not...

As the letters were hand delivered through the door on 28th do you think the courts will accept the postage as suitable? I think not either...

Im 70% sure we will lose the rent out of the deposit.

Fett132

It is a very grey area and could go either way

I am also wondering whether or not to submit the recorded delivery receipts as evidence that we have posted when it comes to the DPS dispute as they will state that the letters had not been delivered on time. Then I will rely only on my statement that I had delivered the letters by hand

rpc

Fett132 wrote: »

So, to reiterate, the last day I could give notice to leave would be 28th. This I am sure of as it is our rent start date.

If that is the start of a rental period, then that is one day too late to serve notice.

Posted letter to end in person, with witness, through agents address (which is also home address) on 28th, which was a Sunday.

Should be acceptable, with a witness statement. Witness shouldn't be a joint tenant.

As the letters were attempted delivery on 28th and the LA did not pick them up, do you think the courts will accept the attempt as suitable? I think not...

Nope. That is the problem with signed for mail. First class is sufficient.

Fett132 wrote: »

I am also wondering whether or not to submit the recorded delivery receipts as evidence that we have posted when it comes to the DPS dispute as they will state that the letters had not been delivered on time.

Posting doesn't matter a bit. 'Serving' (i.e. delivery) does. With your signed for deliveries, what you have is proof that notice was NOT served. If you had gone with first class, it would be 'deemed served' after 2 days.

Depending on the dates, your hand delivered notice may be OK. To me, it sounds as if you have your dates wrong. If the 28th is the first day of a rent period, the last day (i.e. the deadline for notice) is the 27th..

With the posted notices, you have dug your own grave by waiting instead of re-serving immediately and by not following the advice to use first class.