Changing or Ending the Tenancy Agreement

A tenancy agreement can normally only be changed if both the tenant and the landlord agree.

If the tenant and the landlord both agree, the change 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 written tenancy agreement.

An oral agreement can also be varied. Usually the variation will be oral too. In the case of a dispute, evidence of the variation can be provided if there were witnesses to the new agreement or simply by both parties acting on the variation, for example, by paying and accepting a new rent.

The right to stay in the accommodation

A tenant's right to stay in the accommodation will depend on the type of tenancy she/he has.

If an assured short-hold tenant stays in the home after the initial fixed - term ends and the landlord does not intend to renew the agreement and wants possession, s/he will have to give the tenant at least two months notice to leave the property, and will have to go to court for possession of the property if the tenant does not leave. If the landlord takes no action the tenant will become a statutory periodic assured short-hold tenant and the landlord will not be able to regain possession of the property without going through this procedure.

Tenancies created on or after 28 February 1997

The landlord cannot evict the tenant during the first six months of the tenancy, or during the initial fixed-term, whichever is the longer, unless s/he has grounds for doing so, as for tenancies created before 28 February 1997.

At the end of this period the landlord can automatically get a court order to evict the tenant, as for tenancies created before 28 February 1997.

Tenants with basic protection

If a tenant with basic protection does not move out when the landlord has given her/him notice to quit and the notice period has expired, the landlord has to go to court for a possession order. This will normally be granted. If the tenancy is for a specified fixed term (for example, it is agreed that it lasts for 6 months or a year), the landlord does not have to give the tenant notice to quit at the end of that term. The landlord still has, however, to apply for a possession order to evict the tenant. S/he can only apply once the fixed term has ended.

Ending a tenancy agreement

A tenant or landlord's right to end a tenancy agreement and the tenant's right to stay and be protected from eviction will depend on the type of tenancy.

Is the tenancy agreement 'unfair'

The tenancy agreement is a form of consumer contract and as such it must be in plain language which is clear and easy to understand. It must not contain any terms which could be 'unfair'. This means, for example, that the tenancy agreement must not put either the landlord or the tenant in a disadvantageous position, enable one party to change terms unilaterally without a valid reason or irrevocably bind the tenant to terms with which s/he has had no time to become familiar. An unfair term is not valid in law and cannot be enforced.