Changing a Tenancy Agreement

If both parties agree the change should be recorded in writing either through drawing up a new tenancy agreement or by amending the existing agreement. There are many reasons for changing or updating a tenancy agreement such as if:

The landlord would like to increase the rent
The landlord would like to change the specific terms of the agreement e.g. allowing a guide dog for a disabled tenant.
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 would like to share the responsibilities of the tenancy through having a joint tenancy

A verbal agreement can also be changed but will often lead to problems. If an oral agreement is amended then the changes are harder to prove, with no written documentation. If the change is made verbally evidence of the change of agreement will usually be reduced to the fact that both parties accepted the changes. For example, this could be accepting a variation to the rent received/paid. However, witnesses to the new agreement being accepted can also act as proof of the changes.

It is always safer to ensure that any changes in the rental agreement are recorded in the form of a written document.

Landlords are required to make reasonable efforts to change a tenancy agreement if failing to do so would impinge on the tenants’ right to not be discriminated upon based on sex, disability, religion or sexuality. An example of this would be if a tenant became disabled the landlord would be expected to make changes to the tenancy agreement to allow the tenant to make disability related improvements to the property.

It is important that before signing a tenancy agreement that the tenant understands the vocabulary and terms used. If necessary the tenant should ask for an explanation of any unfamiliar terms before agreeing to the tenancy and signing the agreement.

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