Notice for break clause by email, from agent

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  • Wickerman
    The only thing email does not give us is non-repudiation. This is guaranteed proof that the person who sent it did actually send it.

    Not likely to be an issue unless you sign up new tenants and on the day they move in you find out the tenant is still in situ - possibly not a very likely case.

    If there is any doubt (eg do you think the agency has screwed up in some way?) ask for the original email from the tenant, including headers. This will give you a starting point to check if it looks genuine (if you know what to look for).

    For reference, a common way to guarantee an email is genuine is if it signed with a digital signature (eg the person sending it has a security package on their PC such as PGP, and digitally signs it with their private key (allowing you to check it against their public key). This however requires a certain level of technical sophistication missing from most Internet users.

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  • colinc57
    seems T gave notice to LA in a manner they obviously accepted ... so can't see any raeson why not valid.

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  • TPRL

    In response to your query, an email as I understand is a legally binding document for service. However, it may be prudent to check this point with a solicitor.

    Leave a comment:

  • Zepha
    started a topic Notice for break clause by email, from agent

    Notice for break clause by email, from agent

    I received written notice, by email, from my letting agent, that my tenant wants to implement a six-month break clause within a 12-month AST (in England).
    I received the email on 01 September 2010 (upon returning from a long weekend). It was dated 27 August 2010, giving two months notice to the 29th of October 2010. This is all in accordance with the lease, which started on 29th April 2010 and clearly states the tenant's right to implement a break clause at the six-month point (but not after).
    However there was no letter, registered or otherwise, from the tenant to me implementing the break. There was only this email, written by the agent, which I received after the two-month notice period expired.
    Am I obliged to accept the break?
    Thank you for any advice.

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