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duomaxwell
30-03-2010, 20:03 PM
Just a quick question really, my landlord has given me a section 21 by email but says its just a formality and not to worry however its 3 months before the end of the contract and I thought it was 2.

Also since he has sent it by email is it even valid since I thought he would need proof of receipt.

mind the gap
30-03-2010, 20:07 PM
Just a quick question really, my landlord has given me a section 21 by email but says its just a formality and not to worry however its 3 months before the end of the contract and I thought it was 2.

Also since he has sent it by email is it even valid since I thought he would need proof of receipt.
It does not matter that he has served it earlier than strictly required - do you want to move out or not? What date does it expire?

Not sure about service by email. Suspect if push came to shove, a court would want proof of service - which is harder with email (although not impossible).

Light bulb moment : doesn't a section 21 have to be signed by the LL, though?

Snorkerz
30-03-2010, 21:20 PM
Just a quick question really, my landlord has given me a section 21 by email but says its just a formality and not to worry however its 3 months before the end of the contract and I thought it was 2.

Also since he has sent it by email is it even valid since I thought he would need proof of receipt.If you don't acknowledge receipt of the email (perhaps by replying to it) then he won't be able to prove if/when it was served.

The Housing Act 1996 (Commencement No. 7 and Savings) Order 1997 (No. 225 (C. 12)) is an amendment to the 1988 Housing act, and this demands that such a notice be in writing, but says nothing about a signature. I suspect an email that can be proved to have been delivered would be considered "in writing" in todays technological age.

westminster
30-03-2010, 23:29 PM
A s.21 notice is not valid unless the deposit is protected, and I seem to recall that your deposit isn't protected.

Paul_f
31-03-2010, 08:19 AM
Not sure about service by email. Suspect if push came to shove, a court would want proof of service - which is harder with email (although not impossible).

Light bulb moment : doesn't a section 21 have to be signed by the LL, though?If there is provision within the AST for service of Notices by email then it's valid, providing the recipient sends a reply acknowledging receipt.

A S.21 Notice does not have to be signed at all.

Charles19
31-03-2010, 10:29 AM
[QUOTE=Snorkerz;201968]If you don't acknowledge receipt of the email (perhaps by replying to it) then he won't be able to prove if/when it was served.

Interesting one. It could have been witnessed at time of being sent by anyone else standing alongside the LL. But then of course there is no proof it arrived in your inbox! May have gone to SPAM of been lost somewhere. Then again if there has bbeen a string of email contact between LL and tenant during the tenancy then a judge may decide it shows that this method of communicating is both established in precedent and therefore valid. Just my guess on this though.

I would certainly not rely on sending my Section 21 like this. I get tenant's to sign receipt of.
Chas

Snorkerz
31-03-2010, 10:34 AM
I would certainly not rely on sending my Section 21 like this. I get tenant's to sign receipt of.
ChasInteresting - what if they won't?