Email vs letter

donfanatico

Quick question.

Is emailing LLs and LAs the same legally as writing hard copy letters to the address provided for serving notices?
Ie if you get approval for something via email does that count as signed?
Thanks

thesaint

No, it is not the same.

ValHaller

It depends what you are relying on.

If you are relying on having sent a notice which is not acknowledged, then email proves nothing.

If you are relying on a response to something you sent by email, the response alone is sufficient.

G_M

The Landlord and Tenant Act 1987 requires the LL to provide an address "for the serving of notices". That is where notices should be sent if you want them treated as officially served.

Anything else is simply an informal notification which may or may not have been received.

Werdnal

There was a thread running here recently from a tenant who gave notice by email, only to have agent deny receiving it. The mail had gone to agent's spam box and wasn't found for 2 weeks!

1st class Letter with free proof of posting is deemed served (ie delivered) 2 working days after posting. The letter is signed by the sender so proves who sent it - emails can be anonymous, and disappear into the ether never to be seen again!

benjus

What about things like asking the landlord's permission to redecorate? If you can produce an email sent to the landlord requesting permission and their reply granting permission, would that be accepted by a court or deposit adjudicator?

The main problem I can see with this is that emails are so easy to forge. Could the landlord simply deny they had written the email?

G_M

benjus wrote: »

What about things like asking the landlord's permission to redecorate? If you can produce an email sent to the landlord requesting permission and their reply granting permission, would that be accepted by a court or deposit adjudicator?

The main problem I can see with this is that emails are so easy to forge. Could the landlord simply deny they had written the email?

As long as you have an email reply granting consent i think you'd be fine. But just sending an email and either saying, or assuming, that lack of response would be taken as notification and acceptance..:eek:

There is a distinction between 'notifying' the LL of something (Notice, repairing issue,complaint etc) for which no reply is needed, and 'asking' something (eg permission to decorate) for which a reply is needed.

joolsybools

Personally, with anything to do with contracts of any kind, you are safer to do things by snail mail (signed for) than by email.

dgtazzman

I'd say traditional mail has a higher legal value, though emails can be admitted into evidence these days, if there is proof they were received.

Our LA INSISTS we do almost everything via email, so I always get them to confirm receipt to cover myself.

DRP

joolsybools wrote: »

Personally, with anything to do with contracts of any kind, you are safer to do things by snail mail (signed for) than by email.

...and if the recipient declines to sign?

Get proof of postage : it is free and proves you sent it. As recommended on this forum, send it from 2 different POs to ensure it wasn't simply lost. I suppose you could also enter the realms of paranoia by calling the EA 48 hours later to confirm delivery.... :cool:

Werdnal

DRP wrote: »

...and if the recipient declines to sign?

Get proof of postage : it is free and proves you sent it. As recommended on this forum, send it from 2 different POs to ensure it wasn't simply lost. I suppose you could also enter the realms of paranoia by calling the EA 48 hours later to confirm delivery.... :cool:

ITa, this comes up time and time again here. Unsigned or refused mail goes back to sorting office and is returned to sender in 14 days if not collected. Anything that is time sensitive, like serving notice etc, should always be sent via normal first class mail, with free proof of posting.

Signed-for costs more, and may actually hamper delivery!