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Is email correspondence with tenant considered valid?

Discussion in 'Property Management' started by Ravi, 2nd Sep, 2016.

  1. Ravi

    Ravi Active Member

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    Hi,

    As a self managing landlord if I send termination notice(or inspection notice) by email, will it be considered legal?

    Is it possible to put a clause in rental agreement to have them accept notices via email instead of post?

    below is excerpt from Tenant's Union of NSW website:
    "You must properly send or deliver the notice to the landlord/agent: in person, by post, by fax, or by hand in an addressed envelope to a mailbox at their home or business address. Keep a copy of the notice and record how and when you sent or delivered it."

    Another question: if I hand deliver envelop to their home (rental property) and put it in mail box, what proof do I have that I really did deliver the letter. Can I knock their door and have them sign the receipt? What if they are gone holiday or refuse to open door or sign receipt?

    I can registered post the letter but have to consider the postal delay etc.

    Please advise.
     
  2. larrylarry

    larrylarry Well-Known Member

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    I would use registered post. No argument.
     
  3. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    You must 'serve' notices for them to be valid. If not properly served then it may be considered to have not been received.

    A termination notice must be signed, but this could possibly be done by scanning.

    You will need to look through the residential tenancy act and see what it has to say about serving notices (if anything). If not prohibited then you should be able to contract with the tenant about this.
     
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  4. House

    House Well-Known Member Premium Member

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    I'd use Signature on Derivery as registered may not be collected, not delivered etc.

    Edit to add info from Fair Trading

    Why would you not have to prove it was received? Find that a bit strange.
     
    Last edited: 2nd Sep, 2016
  5. larrylarry

    larrylarry Well-Known Member

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    One of the issues I had in a NCAT matter was the validity of notice for termination, as it was in the contract. So Terry is correct, check the tenancy agreement's wording.
     
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  6. Scott No Mates

    Scott No Mates Well-Known Member

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    The methods listed are mail, fax or hand delivered (either to an adult/over 18 or to the mailbox).

    Email is not a substitute in NSW.
     
  7. larrylarry

    larrylarry Well-Known Member

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    If one doesn't mind a bit of confrontation...hand deliver it and get the recipient to sign for acceptance.
     
  8. Ted Varrick

    Ted Varrick Well-Known Member

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    Take a selfie with yourself and the envelope as you put it in the recipient's letter box.... make sure you get the number in the shot. And then take a photo of the letterbox and the property.
     
  9. D.T.

    D.T. Adelaide Property Manager Business Member

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    Email valid in SA but not in some other states.
     
  10. larrylarry

    larrylarry Well-Known Member

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    I think it makes sense that electronic mail is accepted at the same level of a registered mail or fax for the purpose of notification. Exception rule can be used if tenants do not have email. This is especially so when there were already prior discussion, warnings or dispute re matters relating to tenancy.
     
  11. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Email can easily go missing. I know when I send emails to Hotmail addresses from law firm email they do not arrive at the other end and they don't bounce back either so I have no way of knowing whether it has been received or not.
     
  12. larrylarry

    larrylarry Well-Known Member

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    True. That's why I qualified saying that if there were already prior disputes or discussion re a certain matter especially via email... Email notification should be accepted.

    Yes some of emails ended up in Hotmail junk box. Sigh. I am obviously not important enough.

    I think there's a recent case where lawyers were allowed by court to serve subpoena via Facebook. Gold!
     
  13. DaveM

    DaveM Adelaide Buyers Agent & KFC Strategist Business Member

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    Anything that a tenant could use to screw you over with, send registered post with delivery receipt. That way even if they dont check their mail or claim they didnt receive it, you have evidence to contrary. Best $3.95 you will ever spend
     
  14. Chomp

    Chomp Well-Known Member

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    I'm in WA so may not be relevant, there was a clause in the latest lease agreement I signed up though. It asks the question, does the tenant and owner / agent agree to communicate via email. The form is a standard one from the commerce website so must be legit.
     
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