Legal 101

Can I change the terms of the tenancy agreement?

Olivia Evans
August 25, 2021

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Changing the terms of a tenancy agreement pre and post signature.

Tenancy agreements are contracts between a tenant and a landlord to lease an identified property for a specified term at an agreed rate, and the rights and duties of both parties during and after the lease period. They are simple contracts, yet ones that can occasionally be difficult to change due to the need for negotiation between both parties.

This article will discuss how landlords and tenants can make amendments to the terms of their tenancy agreements before and after the contract has been signed, as well as explaining how Legislate can help you with these processes. 

Legislate is a contracting platform where landlords and letting agencies can create legally valid agreements. Our tenancy agreements grants our users sufficient flexibility in their terms, whilst ensuring our contracts are prudent and fair. View our tutorials  or sign up today!

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Before you have signed the tenancy agreement:

Before you sign your agreement, the terms are open for some negotiation - within reason. For example, a clause permitting the landlord from entering the property without the tenant’s consent (thus limiting the tenant’s quiet enjoyment of the property), would not be a fair clause for the tenant.

The landlord and tenant can discuss any terms that they might like to be changed and make the amendments accordingly. For example, if the tenant wishes for the tenancy start date to be sooner than the landlord has entered into the contract, the two parties can negotiate and agree on something that works well for both parties. Until the contract has been finalised, making changes to your tenancy agreement is simple and does not require any further process.  

Using Legislate makes this process easier for both parties, as the terms of your contract can be amended until the contract is signed. Rather than using an online template with limited flexibility, Legislate users can tailor their tenancy agreement to best suit their needs. 

After you have signed the tenancy agreement:

After the contract has been signed, there is more of a formal process involved in changing the terms of your tenancy agreement, although there are still options to make any amendments necessary.  

The first option is for the landlord and tenant to make amendments to the agreement through a tenancy amendment letter. This acts as a contract in letter form, between the landlord and the tenant to change, add or remove a term from the original tenancy agreement. The amendment letter should then be attached to the corresponding tenancy agreement to make clear to all parties that a specific clause has been changed. Such amendments can be made, given both parties agree on the change. 

Alternatively, a new agreement can be drawn up, including the agreed change of term, terminating the previous contract. This would involve a new tenancy agreement being created, agreed upon and signed from scratch. On Legislate, this is straightforward. The app will autofill details that have been inputted into a contract before, meaning it is quicker and easier to change the clause of your contract. 

Legislate users can create fair and robust tenancy agreements, which cut the legalese and complex language, using Legislate. You can also create important documents and letters relating to your tenancy, such as tenancy amendment letters, rent arrears letters and how to rent letters. 

If you’re interested in learning more, check out our Legislate Guides on Assured Shorthold Tenancy Agreements, or book an introductory call with the team!

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