Can a landlord change a lease agreement?

Changing a lease agreement normally crops up in conversation when a landlord or tenant wishes to alter areas of the contract. For the majority, this is a simple process but it can be a touchy subject if the relationship between both parties isn’t at its best. It’s not always clear who has the authority to action any amendments, and one wrong move could risk legal action. To steer you on the right path, we’ll discuss if a landlord can change a lease agreement after it has been signed.

Can a landlord change the lease agreement?

The short answer is yes. Although a lease agreement is a legally binding document, it can be amended through an additional written agreement. Changing a lease agreement is a smooth process if both the landlord and tenant come to an agreement on the modifications.

If one of the parties doesn’t consent to the changes, you’ll have to apply to a tribunal. A tribunal will hear both the landlord’s and tenant’s cases before making a decision. Most of the time, you won’t have to resort to the tribunal as small changes to the lease are often agreed upon. Tribunals are more likely to get involved if the tenant doesn’t believe rent increases are fair.

A landlord cannot change a lease agreement without the permission of their tenant. Both the landlord and tenant have the right to propose changes to the other individual but any revisions won’t come into effect until both parties agree.

We recommend writing a thorough lease agreement from the outset, as this often cuts the chances of needing to create a new contract.

When can a landlord change a lease agreement?

If it’s almost time to renew the existing lease, you may as well wait for the renewal period if you can hold out. It’s important for landlords to give their tenants notice of any lease changes so they know what they’re signing up for in the new agreement.

In the case that time isn’t on your side, you may have to opt for changing the lease agreement mid-period. Since most leases require renewal every 12 months, this choice isn’t as common. But don’t be put off if you have urgent concerns that need addressing in the lease agreement, the process is just as straightforward.

What terms can be amended when changing a lease agreement?

You should have clearly defined expectations within your tenancy agreement, including deposits, rent amounts, repair expectations and review dates. 

• Adjusting the rent due date: If the rent due date needs to change for some reason, you’ll need to make sure that this is done formally to prevent any rent arrears in the future. Take a look at our guide on changing the rent due date to learn more.
• Modifying pet clauses: As you may be aware, renters have gained more rights regarding pets. It would be helpful to add an addendum that clarifies all expectations around pet ownership and pet-related damage. 
• Updating joint tenancy details: You’ll need to use a ‘Deed of Assignment’ or start a fresh contract when someone moves out of a flat. We recommend weighing up the pros and cons of a joint tenancy agreement before proceeding.
• Changes to bills or repairs: Any type of change, such as this, needs to be agreed upon by both parties in writing before being implemented.
• Adding break clauses: If both you as the landlord and your tenant decide to end the tenancy early, make sure this is documented to protect both your rights and the rights of your tenants. 
• Starting a new tenancy: Don’t forget that money taken before the lease begins follows different rules. Stay compliant by using a professional holding deposit agreement.

What is the process for changing a lease agreement?

Here’s what you need to do in order to make sure you follow the process of changing a lease agreement properly. 

1. Suggest the revision

Make sure you talk to your tenant about the amendment to the lease agreement in a transparent way, highlighting why the changes have been made and how they will help them, too.

2. Check the law

Always make sure that you’re within the law when changing a lease agreement and that you follow the latest regulations set out by the government. 

3. Create the addendum

Make sure you create a written agreement that mentions the original lease date, clearly highlighting which clause is being replaced and what the new rules entail. 

4. Get everything signed

You also need to make sure that every tenant named on the lease signs and dates the document. Make sure that you keep a copy of your files and provide one to your tenant for their record.

What is the difference between a lease amendment and a lease addendum?

Although these terms sound the same, don’t be fooled. There are some slight differences between a lease amendment and a lease addendum. A lease amendment refers to changes made to the existing lease agreement. As a result of a lease amendment, the new terms will override the terms stated in the original lease. You may choose to modify one clause of the original lease or rewrite the whole thing.

Whereas a lease addendum is where extra terms are added to the original lease agreement. For example, you may wish to add a topic that hasn’t already been covered. A lease addendum would be relevant if you’re thinking of changing the rules around pets. For example, if a tenant wishes to own a pet and your original lease agreement established that no pets were allowed, a lease addendum would have to be documented to allow animals into the property.

We hope you now feel more prepared to change a lease agreement. As well as providing tips in our advice centre, we compare landlord insurance to find the best quote for your needs. Get in touch with us today on 01788 818 670 or complete our form to get a quote.