Updating Tenancy Agreements
Below is a list of Landlord FAQ's related to the topic Updating Tenancy Agreements. If you have the brains or the curiosity, feel free to answer or add additional answers to the questions.
QUESTIONS
UNANSWERED
QUESTIONS
Landlord FAQ Categories
Search for keywords like "Fence" or "Oven" if you have a question related to either topic.
If you're returned with 0 results, it's worth manually looking through the appropriate section for your answer.
If the answer to your question is not in the FAQ directory, then feel free to ask the question by clicking on the "Ask Quesions" button above.
Updating Tenancy Agreements
If a fixed term agreement has expired and now on a periodic can you put another person on the agreement even though it has expired and is now periodic?
ANSWER 1:
Yes you can, but the Landlord should be notified and the tenancy should be revised to include this new person. A Periodic Tenancy is still the same as an AST and the tenancy you signed will still be valid, just with the addition of being able to give notice to leave.
I am buying a property with an existing tenant. There is already a tenancy agreement in place- do I need to change this or simply inform the tenants I am the new owner? What is the correct procedure?
ANSWER 1:
You should let them know that you are the new owner and the tenancy should be amended to include you as the new Landlord. You will be expected to honour the tenancy agreement already in place though.
My tenant and I want to sign a new 6 month AST- it is currently a periodic tenancy. If we sign a new AST, does that cancel out the periodic tenancy, or do I have to add wording in the new contract to effect this?
ANSWER 1:
You don't need to add any wording. The new Tenancy Agreement will cancel the periodic tenancy.
Can the landlord change the terms of a tenancy agreement?
ANSWER 1:
Only if the tenants are in agreement and give their written consent to it, provided a tenancy is already in place. Otherwise no, the landlord must wait until the fixed term expires and then draw up a new contract which the tenant(s) must agree to and then sign.
I would like to add my wife to the tenancy agreement. Do I have to bring the whole tenancy to an end and create a new one or can add my wife to the existing agreement
ANSWER 1:
If all the parties agree to amend the agreement then this should not require a new tenancy to be drawn up.
I would like to introduce a new clause to the AST, which enforces a £15/week penality if rent is not paid on time. Is this possible?
ANSWER 1:
A clause like this is likely to be in breach of the unfair terms in consumer contracts regulations 1999. This states (more or less) that clauses which impose an unfair burden on consumers or which try to change their legal rights will be void and unenforceable. The office of fair trading (which polices the regulations) has indicated that it will consider penalty clauses which do not reflect the actual cost to the landlord of the tenants breach to be unfair. Virtually all Tenancy Agreements will be subject to these regulations as most landlords will be considered to be business.
Can I change the terms and conditions in an existing tenancy agreement with my tenant?
ANSWER 1:
A tenancy agreement can normally only be changed if the tenant and landlord both agree.
the changes should be recorded in writing, either by drawing up a new written document setting out the terms of the tenancy or by amending the existing tenancy agreement.
I need to change my residential address in the existing tenancy agreement I have with my tenant, but I want to keep all the t & c's the same. How do I do that without disrupting the tenancy agreement?
ANSWER 1:
You need to issue your tenancy a section 48 notice which is a 'notification by landlord of address for service of notices'. The tenancy agreement remains the same, and it does not require the tenants to sign anything additional.
QUESTIONS
UNANSWERED
QUESTIONS
I initially started this website because I wanted to document my every step from property idiot to property landlord,
in hope that people would find my site and help me along the way. I literally didn't have a clue about being a landlord
when I started this website.