A tenancy agreement is a legally binding document that sets out the terms of letting a rental property, including the rights and obligations of both the landlord and the tenant. While it is not always possible to change the terms of a tenancy agreement, there are some circumstances in which it may be possible to do so.
When might you change a tenancy agreement?
Your tenancy agreement can only be altered with the explicit approval of your landlord. Certain exceptions may be made, but we must obtain their consent beforehand:
- Departing occupant. If you have a joint tenancy with someone and they are leaving the property.
- Incoming occupant. If you have someone that you would like to add to the tenancy to live in the property.
- Over 18's. If you have been living with a child at the property and they turn 18, adding them to the tenancy agreement is a legal requirement.
Why should you tell us?
Your tenancy agreement is a legally binding document that secures the terms of your occupancy at the property you rent. If you are found to be living in breach of your tenancy agreement, i.e. more/fewer occupants than agreed, sub-letting or anything that contravenes the terms set out in the agreement, your tenancy could be at risk.
How do you change a tenancy agreement?
If you're in one of the above situations and need to amend your tenancy agreement, you must get in touch with us as soon as possible. As soon as we are informed of the required changes to the agreement, we will begin taking steps to assess the feasibility of the change.
If it is a joint tenancy with one party leaving, resulting in a single tenancy - we will need to run affordability checks on the remaining tenant so that we can be confident the remaining tenant can continue to pay the rent.
If it is a single tenancy looking to introduce another individual - we will need to reference them and assess the quality of them as a tenant before seeking landlord approval.
Once we know all of the changes that are being requested, we will inform your landlord immediately to get their decision on the amendment. Should the landlord agree, we will issue a new tenancy agreement to be signed by all parties.
It is important to note that changes to a tenancy agreement are only legally binding if they are in writing and signed by both parties. If you and your landlord agree to a change verbally, this will not be legally binding.
What if your landlord refuses to change the tenancy agreement?
If the landlord rejects your request to amend the tenancy you may continue on the existing terms of your agreement. However, if you are found to be living in breach of your tenancy agreement, you may be subject to eviction from the property.
Changing a tenancy agreement can be complex, but it is important to remember that it is not impossible. If both parties agree to the change, we can put it in writing and make it legally binding. However, if your landlord refuses to change the tenancy agreement, we cannot enforce any amendments.
If you have any questions or would like to talk to our team about a change in your current tenancy agreement, give us a call at 01482 562 562 📞
Any changes to a tenancy agreement are charged to the tenant at £48 including VAT.