The landlord can only change the terms of the tenancy, within the contractual period of the tenancy, if the tenant agrees. It is best to agree any changes in writing.
Normally any changes are made by getting the tenant to sign a new tenancy agreement, incorporating the new terms and conditions.
If the tenancy is an assured shorthold tenancy (AST), and the tenant refuses to co-operate there is the option of serving a section 21 notice [see Ending a Tenancy] and ending the tenancy and the end of its initial term. New terms can then be written into any new AST.
After the fixed term of a tenancy has ended, assured and assured shorthold tenancies will automatically run on as a statutory periodic tenancy, on the same terms and conditions as the preceding fixed term tenancy. The ‘period’ will normally be either weekly or monthly depending on how rent is paid.
There is also a procedure whereby the landlord or the tenant can propose new terms, including a new rent. This can be done, within a year of the statutory periodic tenancy starting, using a special procedure under the Housing Act 1988. There is a special form, called a section 6 notice, which needs to be used, and which has to be served on the tenant.
This procedure may include a change in rent (up or down) but should not be used simply to change the rent alone (for rent-only changes, see Raising the Rent). Landlords can obtain the forms from law stationers and from some of the online services for landlords.
Although rarely exercised, the landlord and the tenant both have the right to apply for an independent decision by a Rent Assessment Committee if the new rent cannot be agreed.
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