Making an Addendum to a Tenancy Agreement
Every now and then a landlord will need to make changes to the main Tenancy Agreement template to fit specific and unusual circumstances.
The most common way of doing this is by issuing an Addendum Agreement which is signed at the same time as the AST Agreement and changes the contract as whole. This assumes that both parties know what changes are needed at the outset.
It is quite common for a landlord and tenant to identify changes after the commencement of the tenancy and this scenario an addendum can be created and signed which is simply an addition to the overall AST Agreement.
For example, it could well be the case that a landlord has a ‘no pet policy’ for their property. However, if an applicant is registered blind and has a guide dog then a blanket prohibition on all pets would probably amount to Disability Discrimination because that tenant would be treated less favourably as a direct or indirect result of their disability. In such a situation, the landlord may accommodate this with an addendum assuming there are not clauses providing for this in the master agreement.
Can changes to a Tenancy Agreement be made verbally?
The short answer is yes. But, it is sensible to evidence the agreement in writing in the event of a dispute later on and to ensure that both parties clearly understand their commitments.
Is an Addendum Agreement always suitable?
No. In complex situation which require sweeping changes to the main AST Agreement the parties would be well advised to fix the main agreement at the outset so that all terms are in one place. This may require the help of a solicitor.
Whilst parties have freedom of contract, all contracts in the UK sit under the laws of the land, and parties cannot contract out of the statutes. This means any addendums cannot contradict statutory rights. They are however, suitable for 'tweaks' to the AST Agreement to deal with matters such as reduced rent, and extra obligations a tenant is willing to take on as part of the deal and so forth.
You can download your Addendum Agreement Here.