Giving notice - rolling tennancy agreement

Zeebs90

Hi

This may be a stupid question but we are currently on a two month rolling tennancy agreement and will be giving our notice shortly - can we just do this in an email or does it need to be more formal?

Thanks

HappyMJ

Zeebs90 wrote: »

Hi

This may be a stupid question but we are currently on a two month rolling tennancy agreement and will be giving our notice shortly - can we just do this in an email or does it need to be more formal?

Thanks

You can give informal notice by email, phone or text message if you want. That'll start the process off but that won't be accepted as notice.

To hand in your notice formally you must always do it writing and put your signature to the document. You should send it to the landlord's address copied to the letting agent if you have one.

Miss_Samantha

The legal requirement is that the notice must be in writing. This means that an email or text meet the legal requirement as they are indeed in writing.

Obviously, a phone call isn't in writing.

HappyMJ

Miss_Samantha wrote: »

The legal requirement is that the notice must be in writing. This means that an email or text meet the legal requirement as they are indeed in writing.

Obviously, a phone call isn't in writing.

For "written notice" to be valid by email the document needs to have been signed. That can only be done by printing the document, signing it then scanning it back it in and attaching it to the email. For the word "served" to count the email must be acknowledged as received by the recipient. If no acknowledgement is received the notice is not deemed served and does not count as valid. If time is of the essence then this is not recommended.

Text messages can easily be spoofed by another and a signature cannot be attached to a text message so does not count. A vindictive ex partner could spoof the number of the person they are trying to be vindictive against and hand in notice. That would not count despite the text message looking like it's come from the tenant.

Zeebs90

Great thanks both, sounds like an email with a follow up signed letter should do the job!

Kynthia

How to give notice is usually specified in the tenancy agreement you last signed. Email or text in theory could be fine if the tenancy agreement allows this, but usually there is a postal address specified so to comply you would need to post your notice to this address.

Miss_Samantha

HappyMJ wrote: »

For "written notice" to be valid by email the document needs to have been signed. That can only be done by printing the document, signing it then scanning it back it in and attaching it to the email. For the word "served" to count the email must be acknowledged as received by the recipient. If no acknowledgement is received the notice is not deemed served and does not count as valid. If time is of the essence then this is not recommended.

Text messages can easily be spoofed by another and a signature cannot be attached to a text message so does not count. A vindictive ex partner could spoof the number of the person they are trying to be vindictive against and hand in notice. That would not count despite the text message looking like it's come from the tenant.

None of the above is correct.

There may be issues with service by email or text, indeed, but it is mainly because the tenancy does not usually explicitly authorise these methods of service.

Guest101

There may be issues with serving notice by email or text.

Typically the tenancy states the address for the purpose of serving notice, if this includes an email then you're good to go.

If not, the safest way is a letter.

It's safe to say that most of the time, a LL would accept an email, possibly even a text. But a court may decide that this was not in line with the agreement, should there be a dispute.

As mentioned date served is hard to verify with an email.

Miss_Samantha

Guest101 wrote: »

As mentioned date served is hard to verify with an email.

It is very clear. In fact clearer than a letter.

Guest101

Miss_Samantha wrote: »

It is very clear. In fact clearer than a letter.

The date sent is very clear. But as far as I'm aware there's no accepted serving time on emails, like there is on post.

Miss_Samantha

Guest101 wrote: »

The date sent is very clear. But as far as I'm aware there's no accepted serving time on emails, like there is on post.

As far as you are aware...