poppet2 Posted September 27, 2018 Share Posted September 27, 2018 Is it acceptable to terminate a tenancy agreement by text? It's just that it's proof that it reaches the agent/landlord and there is no dispute if the letter goes astray. I just wondered if this would be legally binding? Link to comment Share on other sites More sharing options...
geared Posted September 27, 2018 Share Posted September 27, 2018 If you want it done properly send a letter, keeping a copy for yourself. Link to comment Share on other sites More sharing options...
iansheff Posted September 27, 2018 Share Posted September 27, 2018 If you want it done properly send a letter, keeping a copy for yourself. Make it a registered letter, then you have proof it was delivered because it will have to be signed for. Link to comment Share on other sites More sharing options...
poppet2 Posted September 27, 2018 Author Share Posted September 27, 2018 Make it a registered letter, then you have proof it was delivered because it will have to be signed for. I've sent the letter and kept a copy for myself. I didn't send it signed postage, as the landlord may be away and if he doesn't collect it after so many days then it will be returned and he could claim he never received it within the four week notice period required. I also thought of proof of posting, but he could still claim that just because I have proof of posting, it is not proof that he received it, if it goes astray. This is why I originally thought a text or email would provide an acceptable alternative. Link to comment Share on other sites More sharing options...
mafya Posted September 27, 2018 Share Posted September 27, 2018 I've sent the letter and kept a copy for myself. I didn't send it signed postage, as the landlord may be away and if he doesn't collect it after so many days then it will be returned and he could claim he never received it within the four week notice period required. I also thought of proof of posting, but he could still claim that just because I have proof of posting, it is not proof that he received it, if it goes astray. This is why I originally thought a text or email would provide an acceptable alternative. Send him an email and text stating that you have posted him a termination of contract notice so that if he claims he didn’t receive it you will be covered by the text and email... Link to comment Share on other sites More sharing options...
Hippogriff Posted September 28, 2018 Share Posted September 28, 2018 I've sent the letter and kept a copy for myself. I didn't send it signed postage, as the landlord may be away and if he doesn't collect it after so many days then it will be returned and he could claim he never received it within the four week notice period required. I also thought of proof of posting, but he could still claim that just because I have proof of posting, it is not proof that he received it, if it goes astray. This is why I originally thought a text or email would provide an acceptable alternative. You don't need proof that it was received, strictly speaking. If you send something by First Class post and get a free proof of postage, it is considered served 2 days later (you don't need any other proof of receipt). As a Landlord, who might need to send a Section 21 to a Tenant, I send 2 copies, First Class, and get 2 proofs of postage. The trick is falling for Recorded Delivery or something you need to sign for - a recipient can easily ignore that, and then it really wasn't received. If the AST you have says that it's OK to send notices by SMS, WhatsApp, email etc., then it is. If it doesn't then it's not. It should have a section in there about how to communicate. What you have done seems OK to me - but there's little point in keeping a copy for yourself... it proves nothing, and certainly that copy isn't winging its way to your Landlord. I have not experimented with WhatsApp for Tenant relationships yet, but I may well do this, or suggest it. It's a really good way of [both sides] having a contemporaneous record of whatever's going on, plus the sending of images would be a great bonus for reporting problems etc.. I just need to remember that the 2 blue ticks certainly do not mean a message has been 'read'... as WhatsApp would like you to believe. Link to comment Share on other sites More sharing options...
Jeffrey Shaw Posted October 9, 2018 Share Posted October 9, 2018 Is it acceptable to terminate a tenancy agreement by text? It's just that it's proof that it reaches the agent/landlord and there is no dispute if the letter goes astray. I just wondered if this would be legally binding? I don't think that the method used is significant (unless the Letting Agreement dictates a particular method). Much more important is whether T has the right to terminate. This will depend on the circumstances- there is no automatic termination right in general. Link to comment Share on other sites More sharing options...
poppet2 Posted November 6, 2018 Author Share Posted November 6, 2018 I don't think that the method used is significant (unless the Letting Agreement dictates a particular method). Much more important is whether T has the right to terminate. This will depend on the circumstances- there is no automatic termination right in general. Are you referring to the new act that states you can't give notice if you are only a couple of months into your tenancy agreement? If so, surely as long as you pay for the whole six/twelve months of the tenancy agreement, that would be fine, wouldn't it? Mine you, I don't know if housing benefit would pay the whole tenancy period, if it was someone on housing benefit! Would the Council be obliged to pay for the rest of the rental period? Link to comment Share on other sites More sharing options...
zefig Posted November 15, 2018 Share Posted November 15, 2018 You have to send a letter of notice. Link to comment Share on other sites More sharing options...
topflat29 Posted November 16, 2018 Share Posted November 16, 2018 You can send a message by email and not guaranteed to be received by the recipient due to computer hacking and software failure. But for contract agreements, its best if you send notice to terminate by registered letter. Link to comment Share on other sites More sharing options...
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