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Day
08-11-2005, 19:13 PM
I have pretty much decided to give my tenant two months notice, and i read somewhere on one thread that by email is not adequate that the notice has to be in writing with a signature, which is fine by me, but i have just queried this with the letting agent and she said it is fine to email the notification to her, then she'll put it in writing to the tenant. Is this the correct procedure?

MrWoof
08-11-2005, 20:09 PM
From what I have seen, all law is designed around a paper notice which must be delivered to the tenant's last known address (although it does not require that the tenant actually receives it). I would imagine that someday this will end up in a court for a judge to decide as a test case, personally, I would not want to be part of that so I'll stick to paper.

dazalock
08-11-2005, 22:12 PM
you may only give notice via e-mail or fax provided there is provision for it in the contract, even then you would have to immediately ring the tenant and ask if he recieved the notice and gain an independent witness to say so.

MrShed
08-11-2005, 23:05 PM
It is notoriously difficult to prove whether an email was sent, whether it was delivered, and very easy to query the legitimacy of the source of an email(very very simple to fake the "From" field in an email!). Add to that the lack of signature, and I would say it is very risky ground to send it by email!

Energise
08-11-2005, 23:18 PM
If I remember Paul_f correctly notice has to be served in person unless specific provisions are included in the AST and I dont think those provisions included email.

(S.21 does not need a signature)

MrShed
08-11-2005, 23:41 PM
(S.21 does not need a signature)

As usual I stand corrected :D

Raggy
09-11-2005, 00:01 AM
It's fine. How you instruct your letting agent is entirely between the two of you and is not relevant to this discussion. The agent is putting it in writing to the tenant which is the correct procedure.

MrShed
09-11-2005, 00:04 AM
DOH! Well done Raggy, spot the deliberate mistake! Did not even realise that he was talking about the agent not the tenant.

Day
09-11-2005, 01:14 AM
HE? I'm a she! Maybe i should use landlady instead of landlord...but it's a bit fuddy duddy sounding.
OK so if i've got this correct all i do is notify the agent, and then they are the ones that serve the written notice to the tenant. Just want to make sure i am getting this all done correctly - and i dont trust my agents to tell me the correct information unfortunately. That says something doesnt it when i prefer to trust the advice from total strangers on a web forum i've only just joined rather than the letting agents i should've built a sound working relationship with over 7 years!!!
Is there anything crucial i should include in the letter to the agent (apart from the obvious dates etc)