UK Landlord Forum / Life

Tenancy agreement states I can send notices via email. Does this include prescribed information, how to rent guide etc.

I have sent all this via email. Tenant is saying she didn't recieve the tenancy deposit certificate via email but I have proof I sent it. She also said she didn't agree to any documents being sent via email. Where do I stand with this please as I have given her a s21 and she's saying she should have been given hard copy's and of the how to rent guide.

Other than making up a hastily thrown together email (with the date changed on your PC) what ACTUAL PROOF have you got the emails were sent?

And, to my knowledge, you have to ASK the Tenant if they are happy to accept documents etc by email - if they haven't specifically agreed then NO you can't do it.

I ask that question in my pre-Tenancy Application Form and then ALL documents are sent via signable which is legally recognised method with full history trail.

There's no point asking the same question slightly differently in different places.

The How to Rent Guide isn't a notice and neither is the prescribed information.
Your tenant has to agree to the How to Rent guide being supplied by email and agree an email address for that purpose.
You have to give your tenant the opportunity to sign the prescribed information document (and it's difficult to to that without it being printed first).

None of this matters though, because your s21 notice is invalid because of the lack of a gas safety check when the tenancy began.

Quote from: sugarlips33 on December 02, 2024, 06:55:11 AMTenancy agreement states I can send notices via email.

AFTER the Tenant has given permission to send/receive notices by email, my Agreement states;

11. All tenants are content to accept the service of notices and other documents given under or in
connection with the tenancy by email (and an email may contain a link which, when clicked, links
to or downloads a notice or other document) at the email address: xxxxxxx@xxxxx
12. The landlord is content to accept the service of notices and other documents given under or in
connection with the tenancy by email (and an email may contain a link which, when clicked, links to
or downloads a notice or other document) at the email address: xxxxxxx@xxxxx

I gave him a new tenancy agreement. It was the same as previous landlord just with my details. Does this not matter RE the gas safety? He also saying through the online agent account it's all showing the old landlords tenancy agreement so that hasnt changed either. I understand I might of screwed up on the prescribed information but how is the gas safety my issue? Tenant is claiming Shelter see it as it does stil matter

Quote from: South-West on December 02, 2024, 09:26:00 AM

Quote from: sugarlips33 on December 02, 2024, 06:55:11 AMTenancy agreement states I can send notices via email.

AFTER the Tenant has given permission to send/receive notices by email, my Agreement states;

11. All tenants are content to accept the service of notices and other documents given under or in
connection with the tenancy by email (and an email may contain a link which, when clicked, links
to or downloads a notice or other document) at the email address: xxxxxxx@xxxxx
12. The landlord is content to accept the service of notices and other documents given under or in
connection with the tenancy by email (and an email may contain a link which, when clicked, links to
or downloads a notice or other document) at the email address: xxxxxxx@xxxxx

My agreement doesn't say that. It just says notices. Tenant is saying documents are not notices

No contract term may override common law

The Tenant has a right to express a preference and deny communication methods are used.

They might have agreed it initially but retract it later

However, as the person has confirmed they received it they have been served but JPK makes a good point about being given the opportunity to sign it.  I could overcome this but there is another thread for all this and the mods should lock this one.

Suffice to say it will all need to be done again and properly to avoid sanctions for deposit protection.



 

Quote from: South-West on December 02, 2024, 09:26:00 AM

Quote from: sugarlips33 on December 02, 2024, 06:55:11 AMTenancy agreement states I can send notices via email.

AFTER the Tenant has given permission to send/receive notices by email, my Agreement states;

11. All tenants are content to accept the service of notices and other documents given under or in
connection with the tenancy by email (and an email may contain a link which, when clicked, links
to or downloads a notice or other document) at the email address: xxxxxxx@xxxxx
12. The landlord is content to accept the service of notices and other documents given under or in
connection with the tenancy by email (and an email may contain a link which, when clicked, links to
or downloads a notice or other document) at the email address: xxxxxxx@xxxxx