Is a text message considered appropriate for a tenant to give notice?

Landlord Discussion
1

At a practical level, do most landlords accept text messages when notice is being given? Or is it normal to expect a notice delivered by email?

The tenancy agreement says:

13.4. Notice served by email shall be deemed sufficiently served if it is sent to the Tenant or the Landlord at the email addresses identified above in this agreement and no notification of failure to deliver that email is received. Notices served by email will be deemed served on the next working day after sending

2

I do request notice by email (or letter) mainly for ease of record keeping, except in one instance where I accepted a text message as the tenant was a waste of space.

To be on the safe side and to protect yourself request it via email or letter.

3

I spoke to my mate who’s a lawyer a couple of years ago and he said 1,letter 100% 2, email 50% and WhatsApp etc was a big no as in law it’s still not allowed officially and even email without some kind signing is a bit risky !

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4

I would agree that you probably cant rely on the text message to end the tenancy.

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5

If a tenant gives notice, by any means, accept it. The market is buoyant, you can quickly find new tenants, increase the rent, and use the opportunity for any repairs or redecorating. Important to clarify with departing tenant, 1. Have they actually secured a new home, 2. Are they confident of exact moving date 3. Politely remind them, best in writing, exactly the cleaning you expect from them, in order to return deposit in full.

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6

So if I add a sentence to the clause above saying something like:
“Notices served via SMS or other social media channels are not considered sufficiently served”?

would that be adequate?

7

Its best not to tinker with legal wording as it can have unintended consequences. Just have a separate information document for tenants to include any information to this effect.

8

I do agree and would not normally ‘tinker’. I was sorely tempted as my last two tenants have casually texted me break their initial term, and the effect of this addition seemed limited in scope to “notices”.

I’ll mull it over …

9

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