A Variation of Tenancy Agreement is a contract between a landlord and tenant which is used to make changes to an existing tenancy agreement. This is different from an Addendum Agreement, which is used to add an additional clause to an existing agreement, or from creating a new tenancy agreement. It is commonly used in English law when one or both of the parties to the agreement wish to make changes to the original agreement, such as changing the term of the tenancy, the amount of rent, or the extent of the let property.
The Variation Agreement allows the landlord and tenant to delete a clause of the tenancy agreement, add a new clause or change the wording of a clause. It is important to note that changes made to the agreement are permanent, and the Variation Agreement should not be used to make changes that are only intended to apply for a limited period. In such cases, a Letter Waiving a Provision of the Tenancy Agreement should be used instead.
When using a Variation Agreement, it is important to adhere to the Tenant Fees Act 2019. This states that landlords in England cannot charge a tenant more than £50 (including VAT) for agreeing to alter tenancy agreements. If a landlord does wish to charge more than this, they must be able to provide written evidence (invoices/receipts) to show that these costs are reasonable.
The Variation Agreement is a useful tool for making changes to an existing tenancy agreement in a legally binding way. However, it is important to ensure that the changes made are necessary and that the agreement adheres to the relevant legislation.