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Get your 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.

Changing a tenancy agreement

Can a landlord and tenant change a tenancy agreement?

Yes, a landlord and tenant can change a tenancy agreement in English law. It is important to note, however, that any changes made to the tenancy agreement must be legally binding and both parties must agree to them.

A tenancy agreement is a legally binding document that sets out the terms of the tenancy, including the rights and obligations of both the landlord and the tenant. It is important to ensure that the terms of the agreement are clear and understandable. The terms of the agreement can be changed by both the landlord and the tenant, but the changes must be agreed by both parties and must be legally binding. 

tenancy agreement cannot usually be changed unless both parties agree to the changes.

For example, if a tenant wishes to change the length of the tenancy agreement, this must be agreed by both the landlord and the tenant. The landlord and tenant may agree to a shorter tenancy period, or the tenant may want to extend the term of the tenancy. In either case, the agreement must be in writing and must be signed by both parties.

It is important to note that the landlord and tenant cannot change the terms of the agreement without the other party’s consent. If either party wishes to make a change, they must first obtain the agreement of the other party. The landlord and tenant must also ensure that any changes to the agreement comply with the law.

In addition, any changes to the tenancy agreement must be in writing and must be signed by both the landlord and the tenant. This written agreement should include the date on which the change was made, the terms of the change and the signatures of both parties.

In conclusion, a landlord and tenant can change a tenancy agreement in English law. However, any changes must be agreed by both parties and must be legally binding. It is important to ensure that the changes are in writing and signed by both the landlord and the tenant.

What is the legal process for changing a tenancy agreement and what documents do you use?

In English law, the process for changing a tenancy agreement is known as a Variation of Tenancy. The process of changing the terms of a tenancy agreement is possible if both parties agree to the change. When both parties are in agreement, the landlord will typically provide the tenant with a new tenancy document that sets out the amended terms and conditions of the tenancy.

In most cases, the tenant will be asked to sign a Variation of Tenancy Agreement which acts as a record of the change in the tenancy. This document sets out the details of the change, the date it took effect and the signatures of both the tenant and the landlord. The Variation of Tenancy Agreement will replace any existing tenancy agreement in place and should be kept as a record of the change.

For example, if a tenant moves out of their current property and wishes to change their tenancy agreement with the same landlord to a different property, the landlord would provide the tenant with a Variation of Tenancy Agreement. This document would set out the new terms and conditions of the tenancy including the new rent amount, the new property address and any other changes to the tenancy. The document would also include the signatures of both the tenant and the landlord to confirm that both parties agree to the change.

There are three options when it comes to changing your tenancy agreement:

1. Issue a brand new tenancy agreement

2. Make a tweak using an addendum agreement

3. Use a variation of a tenancy agreement which replaces the existing tenancy agreement.

Can you use an Addendum agreement to change a tenancy?

Yes, an Addendum agreement can be used to change a tenancy. An Addendum agreement is a separate document that can be used to add or change certain terms and conditions of the existing tenancy agreement. It is important to note that an Addendum agreement does not replace the original tenancy agreement, but rather, it adds to or modifies the existing agreement. The Addendum document will set out the changes to the agreement and must be signed by both the tenant and the landlord in order to be legally binding.

What is the difference bewteen a 'variation of tenancy'  and an 'addendum agreement'?

The main difference between a Variation of Tenancy Agreement and an Addendum Agreement is that a Variation of Tenancy Agreement replaces the existing tenancy agreement, whereas an Addendum Agreement is used to add or change certain terms and conditions of the existing tenancy agreement.

A Variation of Tenancy Agreement will set out the details of the change, the date it took effect and the signatures of both the tenant and the landlord. This document will replace any existing tenancy agreement in place and should be kept as a record of the change.

An Addendum Agreement is a separate document that can be used to add or change certain terms and conditions of the existing tenancy agreement. This document will set out the changes to the agreement and must be signed by both the tenant and the landlord in order to be legally binding.

How is a Variation of tenancy agreement better than just using a new tenancy agreement?

A Variation of Tenancy Agreement is better than using a new tenancy agreement because it is a record of the changes made to the existing agreement. This document sets out the details of the change, the date it took effect and the signatures of both the tenant and the landlord, which provides legal proof that both parties agreed to the change.

Using a Variation of Tenancy Agreement also eliminates the need for the landlord to draw up a completely new tenancy agreement, which can be a time-consuming process. Variations of Tenancy Agreement are also more cost-effective than creating a new tenancy agreement, as the changes can be made quickly and easily.

Can a tenant add a new tenant to the tenancy agreement and what is the legal process?

1. If a tenant wishes to add someone to their tenancy agreement, they must first gain the landlord’s permission. This can be done through a formal request to the landlord, either in writing or over the phone.

2. The tenant must provide the landlord with the new tenant’s details including their name, address and contact information.

3. The landlord may choose to conduct a background check on the new tenant and may ask them to provide proof of income, character references and a guarantor.

4. The landlord may then decide to agree to the addition of the new tenant to the tenancy agreement, however they may also decline the request.

5. If the landlord does accept the request, they will draw up a new tenancy agreement that includes the new tenant.

6. The new tenant must sign the tenancy agreement before it can be legally binding.

7. The tenant and the new tenant must also both pay the landlord any relevant fees, increased deposit amount etc.

8. The landlord will then provide the tenant and the new tenant with a copy of the tenancy agreement for their records.

Can  a landlord and/ or tenant change the length of a  tenancy agreement?  

Yes, both the landlord and tenant can agree to change the length of a tenancy agreement, provided that both parties are in agreement. This is allowed under UK law and is commonly done to allow for more flexibility in the rental agreement. However, it is important to note that any changes to an existing agreement must be done in writing, in order to ensure that both parties are aware of and agree to the changes.

What is the legal status of changes to a tenancy agreement?  

Yes, changes to a tenancy agreement are legally binding and as valid as the original agreement. All changes should be agreed upon by both the landlord and tenant in writing in order to ensure that both parties are aware of and agree to the changes. 

Are there any restrictions on what a landlord can change in a tenancy agreement? 

Yes, there are some restrictions on what a landlord can change in a tenancy agreement. For example, landlords are not allowed to make any changes to the tenancy agreement that would discriminate against a tenant with a protected characteristic, such as age, disability, gender reassignment, pregnancy, race, religion or belief, sex, sexual orientation, or marriage or civil partnership. This is in accordance with the Equalities Act 2010. Additionally, landlords cannot make any changes that would reduce the tenant’s rights or increase the tenant’s obligations beyond what is set out in the agreement.

Changing a Tenancy by Mutual Agreement

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.
  • The landlord wishes 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 wishes to share the responsibilities of the tenancy by having a joint tenancy.

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Changes to tenancies can be agreed verbally but this can lead to problems

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.

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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 property terms before agreeing to the tenancy and signing the agreement.

There are three options when it comes to changing your tenancy agreement:

1. Issue a brand new tenancy agreement

2. Make a tweak using an addendum agreement

3. Use a variation of a tenancy agreement which replaces the existing tenancy agreement.


Get your 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.