Electronic signatures?

by Readers Question

9:34 AM, 10th February 2016
About 3 years ago

Electronic signatures?

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Electronic signatures?

Does anyone use electronic signatures for tenancy agreements or prescribed information?

Thanks in advancesignature

Bob



Comments

Neil Patterson

9:42 AM, 10th February 2016
About 3 years ago

Good question and I don't know.

From the .Gov site on Electronic signatures

6. What is the legal status of an electronic signature?

• Article 5.2 of the Directive provides for a harmonised and appropriate legal framework for the use of electronic signatures by ensuring the recognition of all electronic signatures as evidence.

•This covers the full range of electronic signatures – no matter what their form or technology used – from “simple” to “advanced” electronic signatures. (The Directive does not mention simple electronic signatures but, in practice, this is taken to mean any signature that would have a low evidential value.) Article 5.2 is implemented into UK law through section 7 of the Electronic Communications Act 2000.

philip ellis

13:25 PM, 10th February 2016
About 3 years ago

I use Connells for drafting my tenancy agreements, inventories etc and they've just introduced electronic signatures for all their contracts. I was sat in a restaurant in Iceland and able to read and sign two contracts electronically on my phone. So easy and convienient !!

Gary Dully

13:51 PM, 10th February 2016
About 3 years ago

Hello Bob,

I do indeed utilize an iPad for the signing of my tenancy agreements and they are signed and witnessed the same way.

In addition on newer iPads you can add an image of the people signing the iPad by photographing them as they do it and getting them to agree that their image is included in the document.

BTW - they still do "runners" though.

The signature looks like it was done with wet ink and the file they sign is a PDF file.

Works like a charm and is much better than bits of paper blowing down the street.

Make sure you save securely to the cloud, eg: DropBox, and that the documents are not left on the machine in case it gets stolen.

The courts accept this type of electronic signature nowadays, but never bring it up at repossession hearings anyway, as there is a mugshot of the tenant and guarantor signing on the agreement itself.

Nick Elston

14:37 PM, 10th February 2016
About 3 years ago

Hi Bob

I speak at many property events around the UK talking about this very thing.

My business - Signable - majors in Property, Lettings & Estates (as well as many other industries) in getting documents signed faster, at less cost and also giving landlords and agents greater peace of mind.

Tenancy Agreements, for example, are completely legally binding and even more secure when sent electronically due to the system we provide.

What stands Signable apart is that we store our data in the UK & EU - which gives even greater security to UK & EU businesses and individuals.

The thing to remember is that a 'wet signature' (pen on paper) or even an email of a pdf only carries one level of security or proof. With Signable, there are over 10 layers of security and proof points recorded.

The app we are developing was inspired by such things as the right to rent act - to allow in person signing to the same level as third party esignatures.

I'd be delighted to talk to yourself or indeed anyone about this - thank you for raising this point though, Bob.

Sponge Bob

15:15 PM, 10th February 2016
About 3 years ago

Thank you everyone for your interesting comments. I have been considering using Signable for tenancy agreements, especially as there is a pay-as-you-go service. I am, however, much more nervous about using such a service for Prescribed Information in view of the up to 3 x deposit penalty risk. In fact, as a live abroad, I try to time tenancies so that I can serve PI in person even though it involves a 12000 mile trip! In any event, once any hard copies are signed by tenants I scan and email to everyone involved, and send up into a cloud somewhere. I think it is definitely time for me to update!

Gary Dully

15:43 PM, 10th February 2016
About 3 years ago

Reply to the comment left by "Sponge Bob" at "10/02/2016 - 15:15":

Then do what we do, create a PDF with the tenancy agreement and prescribed information call it a "tenancy pack".

Send it, print it and post it and get confirmation of receipt.

Then you will have proof.

Nick Elston

15:48 PM, 10th February 2016
About 3 years ago

Reply to the comment left by "Sponge Bob" at "10/02/2016 - 15:15":

Totally understood Bob for your peace of mind, get confirmation on whether that exact document is accepted electronically - and please do let me know (nick@signable.co.uk) as I'd be interested in that.

It has to be right for everyone to move electronically - both for yourself and for your signers. I am always available to speak to you or anyone else about this though - as this is the way that business will be done within a matter of years.

Great to 'meet' you anyway, Bob!

Sponge Bob

15:55 PM, 10th February 2016
About 3 years ago

Reply to the comment left by "Gary Dully" at "10/02/2016 - 15:43":

Post from where I live can take 6 weeks and DHL etc takes best part of a week but I use that for renewals, having agreed everything by email in advance. Fortunately I usually have very good tenants (young London professionals) so I have never had any problems but I can't get complacent and I am always looking to try things differently.

Mark Alexander

21:23 PM, 10th February 2016
About 3 years ago

LettingSupermarket.com use electronic signatures.
.

Gary Dully

15:37 PM, 11th February 2016
About 3 years ago

Hello Spongey Bob,

I must have less stomach ulcers than you.

(I have the stomach lining of an 80 year old air traffic controller).

Our iPad method makes your tenants think you are modern, hip and trendy. (which I most certainly am) and you can play a relaxing tune at the same time in the background.

The newer "apps" allow the document to be emailed, so I think you may be overthinking the problems that could arise.

Give it a shot, it's great.

I was in hospital last year and my wife and son decided to use the old paper method.

It all went complicated and I was doing my nut from a hospital bed.

They now wouldn't dream of using the old paper method, it can be streamlined and automated in both the drafting of the documents, the signing and distribution as the original is the same as the duplicate.

Consider the old credit card vouchers imprint machines vs Apple Pay.

It's so last century.

Get with the times Daddyo!

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