Changing The Terms In A Tenancy Agreement
The terms and conditions in an existing Tenancy Agreement Contract can be amended, but it requires both landlord and tenant to agree to the changes.
Any changes made should be recorded in writing either by drawing up a new tenancy agreement or by amending the existing agreement.
There are many potential reasons why a Tenancy Agreement may need amending. Here are a few of the most common reasons:
- Change in rent amount e.g. rent increase
- Tenant has acquired a pet – new conditions need to be added for pet damage liability
- The tenant wishes to transfer their tenancy to a member of their household who has lived with them for more than one year.
- The tenant wishes to change the tenancy to a joint tenancy.
Although changes are advised and highly recommended to be recorded in writing, they can be agreed verbally. However, this is not advised because if there’s a disagreement or any confusion about any change(s) made to the agreement, it’s difficult to prove which party is correct without written evidence. That is why it is always safer to record every detail in a written document.
It is important to note that any amendment made to a Tenancy Agreement must be in keeping with the Housing Act. Both landlord and tenant have statutory rights which cannot be overwritten in a Tenancy Agreement. If this is the case, the Tenancy Agreement is invalid, as the Housing Act is the ruling law, which cannot be overruled.
If you are unsure, it is always best to seek legal advice.