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About Tenancy Agreements
Changing a tenancy agreement
A tenancy agreement cannot usually be changed unless both parties agree
to the changes.
If both parties agree, the change should be recorded in writing either
by 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 :
-
The landlord wishes to increase the rent.
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The landlord wishes to change the specific terms of the
agreement e.g. allowing a guide dog for a disabled tenant.
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The tenant wishes to transfer their tenancy to a member of their
household who has lived with them for more than one year.
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The tenant wishes to share the responsibilities of the
tenancy by having a joint tenancy.
Changes
can be agreed verbally but this can lead to problems, as changes without written documentation
are harder to prove. In this case, evidence
of the change of agreement will usually rely on the fact that both
parties accepted the change. For example,
this could be
accepting a
variation to the rent received/paid. 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 tenant's right to not
be
discriminated upon based on sex, disability,
religion or sexuality.
For example, if a
tenant becomes disabled, the landlord is expected to amend
the tenancy agreement to allow the tenant to make disability-related
improvements to the property.
Before signing a tenancy agreement,
it is important 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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