Varying your tenancy agreement

Similar documents
Lunch and Learn 2013 A Year of Changes

Tenancy Agreements Conference

Assignment, Mutual Exchange and Succession Policy

Landlord and Tenant Action from Attwells Solicitors

Private Residential Tenancies: Your essential guide to the new regime

Demoted Tenancies Your Questions Answered

A housing management inbox. Gail Sykes Partner and Head of Social Housing Buckles Solicitors LLP

Mutual Exchange for Lifetime Tenants

EastendHomes ASSIGNMENT, SUCCESSION AND MUTUAL EXCHANGE POLICY

How to handle the eviction process GUIDE. Protecting the things that matter most

Introductory Tenancies Your Questions Answered

Presentation 25 September Leasehold Management. Lucy Walsh, Sam Coward

Renting Homes (Wales) Act 2016 Implementation Phase- The Legal Implications. Jamie Saunders Solicitor Coastal Housing

Mutual Exchange Policy

MUTUAL EXCHANGE POLICY. (Approved - Board Meeting 21 July 2009) Page 1 of 7

Renting Homes (Wales) Act 2016 Overview of the Act and implications for the sector

Residential Buy to Let Landlords Administration of Estates

Sample Rent Book. Amount of weekly rent. Record of rent paid. Date rent due from

Private Housing (Tenancies) (Scotland) Bill. Written submission to the Infrastructure and Capital investment Committee

1.4 The policy applies to all landlord organisations in the Group.

Shared ownership a tenure in its own right?

tenancy agreements What to look for in a tenancy agreement ueastudent.com/advice

Ceredigion Model Contract. Alan Davies (EHO Ceredigion County Council)

CHARITIES AND THEIR LAND AND BUILDINGS WHAT ARE THE RULES?

Deregulation Act update

Prescribed Information and suggested clauses for tenancy agreements and terms of business

Definition of residential premises. 11 Offence

Voluntary Right to Buy Policy. Dan Gray, Executive Director, Property

Dental Buyer s Guide

Some homes may not be eligible and in those cases we will try to find an alternative property that you can buy.

Prescribed Information and Clauses

Mutual Exchange Policy

Unit 3. Residential Letting and Property Management

Voluntary Right to Buy

Talk contents: Bad signs. Remember: Dealing with Tenants Rent Arrears. PART 1 Choosing the tenants. Avoiding bad tenants

3.1 A Notice to Quit (NTQ) is a legal instrument to end a tenancy that can be provided by a tenant or a landlord to terminate the tenancy.

Tackling unfair practices in the leasehold market: A consultation paper Response from NAEA Propertymark September 2017

DEED OF ASSIGNMENT OF INTELLECTUAL PROPERTY RIGHTS

Arbon House, 6 Tournament Court, Edgehill Drive, Warwick CV34 6LG T F

Guide To Recovering Possession Of Residential Property

Mutual Exchange Policy

The Community Housing Group. Voluntary Right to Buy Pilot Customer Guide

PRACTICE AREA Step-by-step CHECKLIST

Mutual Exchanges Policy

Our approach to unfair contract terms

Housing Management Law. Kerry Thompson Senior Solicitor Buckles Solicitors LLP 26 March 2013

RENTED HOMES BILL. Steve Clarke Managing Director. To enhance and protect the rights, representations and housing standards of tenants in Wales

2.1 The Independent Expert valuer s charges will be in accordance with the following table. VAT will require adding to the charges quoted here.

ASSIGNMENT POLICY AND PROCEDURE

We do not require sight of the tenancy agreement. However you must provide us with the following if requested:

Starter (probationary) tenancy policy

TENANCY CHANGES POLICY

Secure Tenancy Agreement. Varied Terms & Conditions

BUSINESS PROPERTY LEASES

Do you rent, or are you thinking of renting, from a private landlord? housing

This policy replaces the Tenancy Policy of all Circle registered providers and Affinity Sutton Homes.

Renting Homes (Wales) Bill

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. An Introduction to Leasehold Conveyancing

Until there s a home for everyone

Holding Deposits. Authorised by:

Information. MEES The final countdown for residential leases. Are just lettings affected? Minimum Energy Efficiency Standards Regulations ( MEES )

EXCLUSIVITY OR OPTION AGREEMENT SALE OF [ NAME OF PROPERTY] DATED THE [ ] DAY OF [ MONTH ] relating to. between [PARTY 1] and

Your tenancy agreement

LETTER TO COMPANY - DRAFT CITY OF LONDON LAW SOCIETY LAND LAW COMMITTEE CERTIFICATE OF TITLE (7 TH EDITION 2016 UPDATE)

End of fixed term tenancy policy

Property Update September 2010

PROPERTY: MORTGAGE ACC:

Innisfree Housing Association Pet Policy

Voluntary Right to Buy and Portability Policy

Supporting Older People Conference

VOLUNTARY RIGHT TO BUY POLICY

SERVICE POLICY MUTUAL EXCHANGES AND SUCCESSIONS OF TENANCY

CONSENT TO LET APPLICATION FORM

Residential Possession Proceedings Briefing Note

Swapping your home. 1

Welcome to Advice Direct..., the written information service from Guild Advice.

Intensive Tenancy Management Policy. Policy to take effect from: August To be reviewed: August Version No. 5.0

NFoPP QCF Level 3 Technical Award in Residential Letting and Property Management (England and Wales)

Renting Homes (Wales) Bill

Housing Decisions Panel Policy 08/03/2017

INSTRUCTIONS TO SOLICITORS

Letting out your property

MEMORANDUM OF UNDERSTANDING. between THE LOCAL GOVERNMENT AND SOCIAL CARE OMBUDSMAN & THE HOUSING OMBUDSMAN

Fire Safety and Legal Obligations for Landlords

Tenancy Policy. Director of Operations. Homes and Neighbourhoods. 26 March Page 1 of 10

What is the Tenancy Deposit Scheme?

Mutual Exchange Policy

Good Tactics or Bad Faith: The Divisive Issue of Sandbagging in M&A

Acceptable Tenancies for Buy To Let Mortgages

Licensing of Houses in Multiple Occupation in England. A guide for tenants

Japan Bans LNG Destination Restrictions in FOB Contracts

LBL response to Lewis Silkin Comment

Peabody Regency Portfolio Policy

NATIONAL RIFLE ASSOCIATION Real Estate Policy (July 2016)

HOLDING DEPOSIT: (Cash / Transfer) DATE: OUTSTANDING BALANCE:

Sincerity Among Landlords & Tenants

Hong Kong Bar Association's comments on Land Titles Ordinance Draft Amendment Bill ( version)

Northampton Tenant s Panel. Tenancy Rights and Tenancy Agreements

Property administration overview and risk warning notice

Specimen. Specimen. Specimen. Specimen. pecimen

Transcription:

September 2014 Varying your tenancy agreement Gail Sykes Partner T: 01733 888794 E: gail.sykes@buckles-law.co.uk www.buckles-law.co.uk

Why do landlords vary their agreements? Changing the rent Changing service charges Modernising and reflecting changes in the law Improving the agreement to address problem issues

Current issues The Anti Social Behaviour Crime & Policing Act 2014 amend to allow use of mandatory possession grounds New issues hoarding, parking commercial vehicles Reflect changes in the law for example Localism Act mutual exchange mechanisms

Secure tenancies Rent changes via written notice Other changes using the statutory s103 Housing Act 1985 mechanism: Preliminary notice setting out proposed variations and inviting comments Notice of variation confirming changes and effective date of variation

Secure tenancies Avoid challenges by: Serving all tenants whose agreements are to be varied with preliminary notice and notice of variation Providing accessible routes for tenant comments Providing adequate time to consult Leaving the required 4 weeks/one rental period (whichever is greater) from variation letter to date variation takes effect

Assured tenancies No statutory mechanism for variation other than rent No variation clause? The landlord may only vary with the written agreement of the tenant Agreement may contain a specific clause allowing variation generally or specifically (e.g. service charges only) Section 13 Housing Act 1988 provides a mechanism for rental changes but will apply if the agreement is silent (but a clause in the tenancy agreement will take precedence)

Assured tenancies What can go wrong? Peabody Trust v Reeve [2008] Two variation clauses in the same agreement conflicted The uncertainty in the agreement decided in favour of the tenant Clause was too wide and created an imbalance between the parties to the detriment of the tenant Clause not enforceable

UTCCR So what does an unfair variation clause look like? Term not individually negotiated Contrary to the requirement of good faith Causes a significant imbalance in the parties rights and obligations Detriment to the consumer Test applies equally to any term in the agreement

Assured tenancies, what else goes wrong? A failure to follow the variation mechanism Rent increases are variations and can be a minefield. Follow s13 or the contractual rent increase clause carefully or face the consequences Tenancies without a clause may be difficult to manage

Getting it right to start with Given the risks, it is better not to vary an agreement more than is absolutely necessary Review agreements you are granting now to ensure they have been amended to (for example) reflect succession rights post Localism Act Get the drafting right for example, service charge clauses need to be fit for purpose and allow you to charge for services provided Don t simply reproduce outdated clauses in new agreements extended notice period for NOSPs, limiting grounds for possession you will use

Questions??

September 2014 Thank you Buckles Solicitors LLP Grant House 101 Bourges Boulevard Peterborough PE1 1NG Telephone: 01733 888888 Buckles Solicitors LLP 3 St Mary s Hill Stamford PE9 2DW Telephone: 01780 484570 www.buckles-law.co.uk enquiries@buckles-law.co.uk Buckles Solicitors LLP is authorised and regulated by the Solicitors Regulation Authority Registered in England No OC311739