I have sent a notice to my landlord through Whatsapp on July for the end of tenancy the end of August as I have got 1month notice period. And he was ok and confirming through whatsapp the end of tenancy will be the end of August.
Today he changed his mind by saying the notice should have been sent by email because of this paragraph on the contract :
13.3 The Landlord and the Tenant agree that notice may be served on the other party by email.
It’s wrote “may” and not “must” so for me it’s not mandatory by email.
My question is, a writing notice on whatsapp is valid or not ?
I already found another flat and I will move in by the end of this month, I dont want to pay two rent just because I didnt send my notice by email.
I would say that a notice served via Whatsapp would not be appropriate. Notices should always be served in writing and this means by sending an actual letter or at least via email.
The use of the word “may” means that via email may be acceptable as opposed to sending a correspondence letter.
Whatsapp may be ok to use for arranging repairs or general day to day conversations with your landlord but for legally binding communications always ensure you write a letter or send an email.
Am sure what Jose said is true and the best practice from a legal viewpoint.
I have accepted notice by WhatsApp though. (Although will do it differently from now!) I was told and reiterated it back to them so a further clarification was then made by them. I wouldn’t make someone stay if they wanted to go.
Thank you for your answers.
I will never do the same mistake.
If he replied through WhatsApp and acknowledged and agreed, you could always take your chances if he did chase the extra months rent.
If he wanted the notice in writing he should have said this straight away. To leave it a few days before telling you this, it’s his fault that another month now needs to be given.
Think I would refuse.