Hi all,
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.
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.
My tenant gave me a quit notice via WhatsApp, over a month ago, during his fixed period (six months out of 12), I have accepted the notice which expires tomorrow 3rd February. But he has now changed his mind because he has probably been scammed by his ‘new landlord’ who is no longer picking up his calls after he has paid. I already have a new tenant waiting to collect the keys on the 4th of February and has paid me his holding deposit. What is the best way to ensure the tenant leaves tomorrow? I don’t want him in my property. Please help! He is now trespassing if he does not leave isn;t he, plus he refused to pay last month rent and asked me to use his deposit and approved of the payment of deposit to me. What do I do?
@Nancy1 It doesnt matter if the notice was valid or not in this case as the landlord and tenant have the ability to accept a defective notice, thereby making it valid. Provided you still have the whatsapp message, the landlord would not be able to go back on this.
