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Is an Email a legally binding agreement?

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56 views 1 replies latest reply: 07 November 2016
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Tenant

Our tenancy agreement is due to expire at the end of November.  the Agency asked us on line if we wanted to extend a further 12 months.  we replied yes then we discovered we are pregnant with our first child!  we now want to change from a one bedroom to a two bedroom.  but the agency say that even though they have a 6 month delay on tenancy agreement renewals – because we indicated to continue on email that is legally binding and we can’t be released from our tenancy.  we haven’t signed a new tenancy agreement and feel that we are now on  a rolling tenancy and can give a months notice.  anyone know where we stand legally? 

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Tenant

Hello Maddie, 

Both email and text messages CAN BE legally binding. However, that doesn’t mean that they are, as changes of tenancy agreements are always accompanied by signing a new tenancy agreement. 

In your case, I believe you can validly serve a notice to leave (1 month’s worth of time) and leave. I would still ask in Citizen Advice, if they can confirm. 

I think the agency is just trying to hold on to you, but you shouldn’t have any problems to leave. Still, with this agency, I would have to worry about my deposit. You best check if it’s protected and you can rely on the deposit protection scheme to intervene if the agency tries to abuse you for your money. 

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