Are unsigned email attachments accepted in court?

htrj

Morning everyone.

Currently, I have a problem with a lodger. They are due reimbursement for overpaid rent and return of deposit but before I issue that I want their written confirmation that they want me to dispose of the items they chose to leave behind when I evicted them. As an incentive to get the lodger to come back and get these items out of my way I have advised them that I will charge them for storage if the items are not removed and for disposal of the items if they are not removed by a certain date. They have not collected them and apparently have no intention to.

This person has sent me a letter in the form of a unsigned attachment to an email stating that they want me dispose of the items. Should it ever go to court would that be accepted as notice that the lodger instructed me to dispose of the items? I don't want to get further down the line to find the lodger could deny sending this message.

theartfullodger

That will depend on the judge, what ALL your evidence says, and what ALL the evidence the other party presents and how "good" your evidence appears (no, don't dress it up ..). In other words, it depends...

But any other supporting evidence would be helpful: I'd not feel comfortable going to court simply on the basis of an easily-forged email (no offence.. )

htrj

Thanks for that, you're reinforcing what I was thinking anyway.

No offence has been taken but could you explain why you say "no offence?" Do you mean that my lodger could claim that I forged the document they have sent?

theartfullodger

Yes, but also some wicked & evil persons do actually forge emails, TXTs, letters, witness statements, signatures on documents.. or destroy evidence and then lie to the court (see recent news reports, terrible..) but I'm sure you wouldn't

See
http://www.out-law.com/page-5537

htrj

I don't have any need to do that but as this person is particularly awkward I don't want to allow them any wriggle room, or at least avoid it where possible.

As you say, I just don't feel comfortable acting on this, virtually anonymous, email. However, I did wondered if times had changed and courts had begun accepting these technological type of document as evidence. Personally, I feel much more comfortable working in the "dark-ages" of pen and paper and if a judge had a similar persuasion to me they would not count this document as reliable.

This person is one of those people that just won't "play the game". I don't want to keep their money but until some basic formalities are achieved I can't reimburse them should it leave me out of pocket.

BitterAndTwisted

In which case you respond to their email asking for their instructions to dispose of their property in writing. Like a pen and paper, and until received the overpaid rent and their deposit will not be returned.

If they want their money back they will comply.

htrj

That's exactly what I have done. I was just unsure as to whether or not a judge might determine that the way they sent me that notice would serve as sufficient instruction for me to dispose of the their belongings.

theartfullodger

All Judges may be different: Depending on the court, depending on the judge, depending on what mood they are in, depending on how much they know about that bit of law, depending are they rushing off to play golf... in other words, just like the rest of us humans...

McBozo

it'll be fine, emails are now accepted routinely by courts.

chanz4

Do you have any legal ground to withold over paid rent? Also I hope you protected the deposit

agrinnall

chanz4 wrote: »

Do you have any legal ground to withold over paid rent? Also I hope you protected the deposit

It's a lodger, so the second part of your question is irrelevant, and I suspect the first part is too.