Variation in the Tenancy Agreement: What You Need to Know
When renting a property, signing a tenancy agreement is a key step in the process. This document outlines the various terms and conditions of the tenancy, such as the length of the lease, the rent payment schedule, and the responsibilities of the landlord and tenant. However, there may be situations where both parties agree to make changes to the terms of the agreement. This is known as variation, and in this article, we will discuss what it entails and what you need to know.
What is Variation?
Variation refers to any changes made to the original tenancy agreement by mutual agreement between the landlord and tenant. These changes can include alterations to the rental amount, changes in the payment schedule, modifications to the property’s usage, or any other terms that are agreed upon. Variation can occur at any point during the tenancy, and it requires consent from both parties involved.
Why Make Changes to the Tenancy Agreement?
There are several reasons why a landlord or tenant may want to make changes to a tenancy agreement. For instance, a tenant may want to change the rent payment date to better align with their salary payment schedule. Alternatively, a landlord may want to make changes to the allocation of responsibilities between themselves and the tenant. Additionally, variations may be required due to changes in circumstances, such as the addition of a new occupant or the extension of the lease period.
How to Make Changes to a Tenancy Agreement?
To make changes to a tenancy agreement, both parties must agree to the proposed changes. This can be done either verbally or in writing, but it is often advisable to document the changes in writing so that there is a clear record of the agreement. Once both parties have agreed on the changes, a new agreement should be created, and both parties should sign the document to indicate that they have read and understood the new terms.
It is important to note that any changes made to the original tenancy agreement must be legal and should not breach any tenancy laws or regulations. For instance, some changes may require consent from local authorities, such as variations to the use of the property.
In addition, landlords and tenants should ensure that they are aware of their rights and obligations under the new agreement. It is always advisable to seek legal advice if there are any doubts about the legality of any proposed changes.
Variation in the tenancy agreement is an essential aspect of renting a property, and it allows both landlords and tenants to modify the terms of the tenancy to better suit their needs. However, any changes made to the original agreement must be legal, and both parties should be aware of their rights and obligations under the new terms. As a tenant or landlord, it is always advisable to seek legal advice when making any substantial changes to the tenancy agreement.