Notice to terminate a tenancy by email?

illusionek

I was wondering if an email would be as valid as a regular letter to terminate my tenancy? My tenancy agreement says below:

Notice under section 48 of the Landlord and Tenant Act 1987. The tenant is hereby notified that notices must be served on the Landlord by the tenant at the following address:

The above indicates I should send a letter but the whole process including signing contract etc was handled electronically. The EAs used electronic signatures for everything, so the way I see it I should be able to hand in my notice electronically as well.

Normally I would not have a problem with sending a letter but I need to hand in my notice by Saturday 13/05 but not really sure at this stage whether I am going to exchange on my new property today or tomorrow. If it is tomorrow then if I send the letter tomorrow it will not reach them by Saturday. Unless it does not matter when they get it as long as I date and send it by 13/05? Not really sure whether one month notice starts when I send the notice or when the EAs receive it?


Many thanks for help!

00ec25

if the tenancy agreement does not explicitly state electronic communication is acceptable then you cannot presume it is

there is as yet no legal test case confirming that serving notice by e mail is the same as by letter so you would have to sort it out in court if the LL contests that validity of your notice

Red-Squirrel_2

If you exchange tomorrow can you hand deliver your notice?

illusionek

I guess all depends on when exactly I will exchange.

Can someone please clarify when does my notice start? Is it when I post the letter or when it is received by the EAs?


Many thanks.

Guest101

Notice is served on the date it is received. 2 days for first class post.


You can also hand deliver it

G_M

1st class post is deemed 'served' by the courts after 2 postal days. Send from a post office and ask for free 'proof of posting'. Do NOT pay for 'signed for' as they may refuse delivery.

Some people suggest sending 2 duplicate letters from 2 post offices on the same day - then there's no opportunity to claim non delivery, but the courts should accept 1.

If hand delivered, it is served when put through the letter box. Have a witness!

Guest101

G_M wrote: »

1st class post is deemed 'served' by the courts after 2 postal days. Send from a post office and ask for free 'proof of posting'. Do NOT pay for 'signed for' as they may refuse delivery.

Some people suggest sending 2 duplicate letters from 2 post offices on the same day - then there's no opportunity to claim non delivery, but the courts should accept 1.

If hand delivered, it is served when put through the letter box. Have a witness!

Or record yourself doing it on your phone / camera/ etc

davidmcn

G_M wrote: »

Some people suggest sending 2 duplicate letters from 2 post offices on the same day - then there's no opportunity to claim non delivery, but the courts should accept 1.

No need to send from two post offices - I would send one standard post and the other signed for, if they refuse to sign at least they can see what you had sent, if they do sign then you've got better evidence of them having received it.

illusionek

Many thanks for your input.

I am not really concerned about claims that notice has not been received. It is more about the timing. I just need to wait and see when exchange happens and then take it from them. Shame email is not acceptable yet but it is what it is!

saajan_12

If you do exchange soon, how long do you expect before you move out of the rental property? (including time to completion, any renovation work on the purchase, moving and cleaning the rental). If do miss the boat for serving notice, you could speak to the LL / LA and explain your dates, suggesting a mutually convenient date to surrender the tenancy.

You could suggest surrendering the tenancy in a few weeks, in return for an adjusted rent more than the period you are in the property, but less than the rent for the rest of your notice period. e.g. If you'll be moving out anyway in 2 weeks, but have to give 1 rental period notice, you could offer the equivalent of 3 weeks rent, in return for being out early. Just a suggestion to minimise rent and mortgage overlap..

illusionek

I am completing next week Friday if all goes well.

I will need to vacate property by mid June. So there will be 3 weeks overlap, not ideal but I would not expect LL to adjust my rent as effectively they would be losing money and I doubt they will find tenant ready to move in as I am moving out.

I just want to make sure I dont need to pay all the way until mid July as that would be a waste of money since I will leave early June anyway.