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Landlords Altering a Tenancy Agreement

The tenancy agreement is probably the most important document that a landlord can own. It sets out the landlord’s and the tenant’s rights and responsibilities with respect to the tenancy.

Author: Chris Horne

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Last week I was e-mailed by a landlord who had originally granted a joint tenancy to a couple. They had since split up, but the guy was a frequent visitor to the property claiming that he was still the tenant and therefore had every right to visit his home. His partner wanted to exclude him from the buy-to-let property and had requested the landlord to alter the tenancy to a single tenancy in her name.

Unfortunately, I had to advise the landlord that unless all parties agreed, the tenancy agreement and the tenancy could not be altered. This just highlights the strength of the legislation that regulates the rights of tenants and how important it is that landlords ensure that they get a properly prepared tenancy agreement before committing to it.

Altering my tenancy agreement.

It is possible to alter the terms of the tenancy. Let’s face it - things happen and life rarely stays constant; but only with the tenant’s approval.

The most common alterations to the tenancy revolve around changes in rent and occupation of the investment property resulting frequently from changes in domestic circumstances.

Increasing the rent

In the case of increasing the rent the steps that a landlord takes will depend on the type of tenancy in place at the time that they wish to change it. In the case of the Property Hawk tenancy agreement there is no specific clause stating how much and when the rent can be increased. Therefore, unless the tenant agrees otherwise, the landlord can only put up the rent at the end of the fixed period by creating a new tenancy agreement. Alternatively the landlord can use a formal procedure in the Housing Act 1988 to propose a rent increase to be payable as soon as the statutory periodic tenancy starts. This is done using the form called; the “Landlord’s notice proposing a new rent under an Assured Periodic Tenancy of premises situation in England” or “Landlord’s notice proposing a new rent under an Assured Periodic Tenancy of premises situated in Wales” . This mouthful of legal linguistics is frequently and for obvious reason shortened to that of a Section 13 Notice.

A landlord must give at least a month’s notice of the proposed increase if the rent is paid on a weekly or monthly basis (more if the rent period is longer). If the tenant agrees with the proposed rent increase, he or she should simply pay it from the date given in the notice.

Rent increase dates
It is important for landlord to note that the date on which the new rent is required must not be earlier than a year after the date when the rent was last increased using a section 13 notice. If a new tenancy is in place then the date should not be any earlier than a year after the date when the tenancy started.

The rent increase must begin on the same day of the month that the tenancy started. For example, if the rent for the tenancy is due on the 28th of every month then the new increased rent should also be due on the 28th of the month.

About Author

http://www.propertyhawk.co.uk
Chris writes for the The Landlords Homepage which includes Free Property Letting Software, free tenancy agreements, magazine, book, links aimed at the UK Buy to Let Market.

Article Source: http://www.1888articles.com/author-chris-horne-4491.html

Landlords Altering a Tenancy Agreement