Lesson 2 – Changing Tenancy Terms

Lesson Overview

Although a Private Residential Tenancy (PRT) is intended to provide long-term flexibility for both landlords and tenants, there may be occasions when the terms of the tenancy need to change. Changes might be required because of alterations to the property, changes in the way the tenancy is managed, or agreements reached between the landlord and tenant.

Any changes to the tenancy agreement should be made lawfully, clearly documented, and agreed by both parties where required. Proper documentation helps prevent misunderstandings and provides evidence if disputes arise.

This lesson explains how tenancy terms can be changed through mutual agreement, how written amendments should be prepared, how to update tenancy agreements, and why maintaining accurate records is essential.

Learning Objectives

By the end of this lesson, you will be able to:

• Understand when tenancy terms can be changed.
• Recognise the importance of mutual agreement.
• Prepare written amendments to a tenancy agreement.
• Update tenancy documentation correctly.
• Maintain accurate records of any changes.

Why Tenancy Terms May Need to Change

Circumstances can change during a tenancy, making it necessary to amend certain terms of the agreement.

Common reasons include:

• A change in the landlord’s contact details.
• A change in the managing agent.
• Permission for a pet.
• Changes to parking arrangements.
• Agreement to carry out improvements.
• Changes to maintenance responsibilities where legally permitted.
• Permission for additional occupiers where appropriate.
• Updating communication methods.

Not every change requires a completely new tenancy agreement. In many cases, a written amendment or variation is sufficient.

Mutual Agreements

Most changes to a tenancy agreement should be made by mutual agreement between the landlord and the tenant.

This means:

• Both parties understand the proposed change.
• Both parties agree voluntarily.
• Neither party is pressured or misled.
• The agreement is clearly recorded.

A mutual agreement helps ensure that both parties know their rights and responsibilities following the change.

Examples of Mutual Changes

Examples include:

• Allowing a tenant to keep a pet.
• Agreeing that gardening responsibilities will be shared differently.
• Changing the preferred method of communication.
• Agreeing to install additional fixtures or appliances.
• Allowing an additional named occupier, where appropriate.

Any agreed change should be recorded in writing.

Changes That Cannot Simply Be Agreed

Although many tenancy terms can be changed by agreement, landlords cannot contract out of legal obligations.

For example, a landlord cannot require a tenant to give up statutory rights or reduce legal protections provided by Scottish housing legislation.

Terms that conflict with the law are unlikely to be enforceable.

Landlords should ensure that any proposed amendment complies with current legislation.

Written Amendments

Whenever tenancy terms change, the amendment should be recorded in writing.

Verbal agreements can easily lead to misunderstandings and are more difficult to prove if disputes arise.

What a Written Amendment Should Include

A written amendment should clearly state:

• The names of the landlord and tenant.
• The property address.
• The date of the amendment.
• The clause or term being changed.
• The new agreed wording.
• The date the change takes effect.
• Confirmation that both parties agree to the amendment.

Both landlord and tenant should keep a signed copy where appropriate.

Using a Deed or Variation Agreement

Rather than replacing the entire tenancy agreement, landlords often use a variation agreement or written addendum.

This document:

• Refers to the existing tenancy agreement.
• Explains which clause is changing.
• Confirms that all other terms remain unchanged.

This approach keeps the tenancy documentation organised and avoids unnecessary duplication.

Updating the Tenancy Agreement

Where several amendments have been made over time, it may be helpful to prepare an updated version of the tenancy agreement incorporating all agreed changes.

When updating the agreement:

• Ensure all amendments are included accurately.
• Remove outdated information.
• Keep the wording clear and consistent.
• Retain copies of earlier agreements for reference.

An updated agreement should not remove or alter statutory rights.

Informing Relevant Parties

Where appropriate, landlords should ensure that relevant parties are informed of significant changes.

This may include:

• Letting agents.
• Property managers.
• Deposit scheme providers (if required).
• Contractors where access arrangements change.
• Insurance providers where necessary.

Keeping information up to date helps ensure smooth management of the tenancy.

Record Keeping

Accurate record-keeping is essential whenever tenancy terms are amended.

Landlords should retain:

• Original tenancy agreement.
• Copies of all amendments.
• Emails confirming discussions.
• Signed agreements.
• Correspondence relating to the changes.
• Dates the changes took effect.

These records may be important if questions arise later about what was agreed.

Benefits of Good Record Keeping

Maintaining accurate records helps landlords:

• Demonstrate legal compliance.
• Avoid misunderstandings.
• Resolve disputes more easily.
• Provide evidence to the First-tier Tribunal if required.
• Ensure consistency in property management.

Digital record systems can make documents easier to organise and retrieve.

Communicating Changes Clearly

Good communication is just as important as good documentation.

Landlords should:

• Explain the proposed change clearly.
• Give tenants time to consider it.
• Answer any questions.
• Confirm agreements in writing.
• Provide copies of all amended documents.

Open communication helps maintain trust and reduces the likelihood of disputes.

Common Mistakes to Avoid

Some common mistakes include:

• Relying on verbal agreements.
• Failing to record changes in writing.
• Using unclear or ambiguous wording.
• Forgetting to date amendments.
• Losing copies of signed documents.
• Attempting to remove tenant rights provided by law.

Avoiding these mistakes helps ensure amendments are legally effective and easy to understand.

Best Practice Tips

Professional landlords should:

• Put every agreed change in writing.
• Use clear and simple language.
• Ensure both parties receive copies of amended documents.
• Keep original agreements and amendments together.
• Review tenancy documents regularly to ensure they remain accurate.
• Never attempt to alter statutory rights through a tenancy agreement.
• Maintain secure records throughout and after the tenancy.

Key Takeaways

• Many tenancy terms can be changed by mutual agreement between the landlord and tenant.
• Changes should always be recorded in writing.
• A written amendment should clearly identify the term being changed and the date it takes effect.
• Updated tenancy documents should remain consistent with Scottish housing law.
• Accurate record-keeping helps avoid disputes and demonstrates good property management.
• Clear communication ensures both parties understand and agree to any changes.

Knowledge Check

1. How should most changes to a tenancy agreement be made?

A. By the landlord alone.
B. By the tenant alone.
C. By mutual agreement between the landlord and tenant. ✅
D. Without informing the tenant.

2. Why should tenancy amendments be recorded in writing?

A. To increase the rent automatically.
B. To shorten the tenancy.
C. To provide a clear record of what has been agreed and reduce the risk of disputes. ✅
D. It is only necessary for insurance purposes.

3. Which document is commonly used to amend an existing tenancy agreement without replacing it?

A. A rent receipt.
B. A property inventory.
C. A variation agreement or written addendum. ✅
D. A repair request form.

4. Which of the following should be included in a written amendment?

A. Only the tenant’s signature.
B. The landlord’s bank details.
C. The property address, details of the amendment, the effective date, and confirmation of the agreement. ✅
D. A list of nearby properties.

5. Why is good record-keeping important when tenancy terms are changed?

A. To avoid carrying out inspections.
B. To increase the deposit.
C. To demonstrate what was agreed, support legal compliance, and provide evidence if a dispute arises. ✅
D. To reduce landlord registration fees.