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Tenancy Agreement

by | Jul 7, 2022 | Blog

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Reasons why Landlords would change the tenancy agreement?

Landlords have different reasons for wanting to change a tenancy agreement. The reasons can be due to financial and personal reasons.

Here are some reasons why a landlord may change the tenancy agreement:

  • Rent increases. The most common reason for changing tenancy agreements would be to increase rent. Despite landlords having restrictions relating to changing and raising rent, they are within their rights to make these changes
  • The landlord may want to make changes to the agreement. They are allowed to make changes to the original tenancy agreement if they feel a need to. A change they might make would be to provide a way to accommodate the tenant’s significant other who wants to move into the property with them.

It is rare that a landlord would want to change an agreement. It would not be a valid case to change an agreement due to a tenant not directly breaking a tenancy agreement but just acting in a way that the landlord does not appreciate.

Reasons why tenants would want to change the tenancy agreement?

Tenants are also entitled to some power regarding the way they behave with the original document. Landlords cannot ignore the requests from tenants if they request for changes to be made and if there is sufficient ground for the request to be made initially. They are obliged to at least have a conversation about the issues raised.

Here are some reasons why tenants would want changes to be made to the original tenancy agreement:

  • The tenant wants to allow a joint tenancy. There can be a few reasons why a tenant may want to do this. The most common circumstances include partners joining them in the apartment, or inviting in a friend to help share costs such as rent and bills. There are no legal or medical requirements to be met with this request. Every tenant is allowed to request a joint tenancy, although the landlord doesn’t have to agree.
  • The tenant may have the need to transfer their tenancy to another person/party. The UK have stringent rules regarding who can qualify for taking over a tenancy agreement. The person the tenant wants to transfer the tenancy to has to be a family member who has spent at least a year living with the tenant on the property before the request. This regulation has been put into the legislation in order to protect landlords.

What if one Tenant leaves a joint tenancy?

If the tenant decides that they want to leave after they’ve instigated a joint tenancy, their part of the deal must be replaced by another tenant. This includes paying rent, bills and being responsible for all damages and following the tenancy agreement. They must be informed of every change the agreement has gone through. As an example, if the original tenancy

The agreement was changed a new tenant has to be informed of this before they sign anything and commit themselves

Who must replace a Tenant in a joint tenancy?

Usually, the tenant who is leaving the joint tenancy is responsible for finding a replacement, however, it must be noted that this isn’t a legal requirement, and there’s no legislation for this. This means that as a landlord, you have to be prepared to find another tenant to replace the departing tenant. Another option is that you’re also allowed to ask the remaining tenant if they would like to change the joint tenancy agreement back to a single tenancy agreement.

Extra advice

Changing the tenancy agreement can be stressful for landlords and tenants. To make things as easy as possible, follow these tips:

  • Communicate with your tenant – make sure issues are resolved swiftly to avoid legal action and a dissatisfied tenant
  • Accommodate – show that you are willing to make changes based on what a landlord or tenant has requested. This makes the whole process easier for both parties.
  • Be aware of your rights – both tenants and landlords are liable for knowing their entitlements under the law. Therefore it is important to ensure you understand the relevant regulations or you risk being taken advantage of or exploited