united-kingdom contract-law rental-property england-and-wales
Changing a tenancy agreement for a new tenant taking over from an old one
<p>I currently live in a house of 4 tenants. We have each signed a joint tenancy agreement that specifies our monthly rent payable. This tenancy agreement is due for renewal in 4 months from now.</p>

<p>One of the current tenants is to leave and be replaced by a person of our choosing. The landlord has requested that the new tenant pay a slightly increased level of rent and thus has proposed that the figure on the current tenancy agreement be amended to reflect this. He then intends to increase the rent further in 4 months when the tenancy agreement is renewed.</p>

<p>I expressed my reservations about this and indicated that either a new tenancy agreement should be issued to replace the current one - subject to our agreement (which would mean the tenancy agreement renewal period would reset?) or postpone all rent rises until the contract is renewed in 4 months.</p>

<p>What can we do in this situation? Is the landlord simply allowed to to modify the contract for an incoming tenant?</p>

<blockquote>
  <p>Is the landlord simply allowed to to modify the contract for an incoming tenant?</p>
</blockquote>

<p>No. When you have a joint tenancy, an end of tenancy comes in effect for all tenants. It's a single tenancy, so it can't just end for one person and leave the rest unaffected. </p>

<p>The end of tenancy procedure takes a slightly different route:
For a fixed term tenancy ALL tenants and the landlord need to agree, if anyone wishes to move out, or if the landlord wants to change some of the terms of the agreement. 
For a periodic tenancy either tenant can serve a months notice and end the tenancy. </p>

<p>The landlord is then free to draft a new, modified tenancy agreement with the rest of you and the new tenant that comes in. The landlord is free to introduce changes to the new tenancy agreement, like increased rent, and you have two options - sign it or move out.</p>

<p>Signing a new tenancy means the review period will reset, however, the landlord can simply introduce an intermediary rent increase now, and then add the rest of the planned amount after 6 or 12 months, when the tenancy review date is.</p>

<p>Another option for all of you is to negotiate for the landlord to draft individual tenancy agreements for each of you (having their own room, I assume), which will make it unnecessary to re-draft the tenancy agreement each time a tenant wishes to move out. It's more hassle for them, but better for you individually. This will also make you not liable to pay for damages that other tenants have caused. </p>

<p>Here is more information on <a href="http://www.thetenantsvoice.co.uk/advice_from_us/tenancy-agreements-assured-shorthold-tenancy-ast/" rel="nofollow">tenancy agreements</a>.</p>
