MAKE YOUR FREE Lease Variation
What we'll cover
What is a Lease Variation?
Lease Variations are legally binding documents that change an existing lease agreement (ie a contract for the rental of a property) in some way. This Lease Variation can be used to make a wide range of changes to a residential tenancy agreement.
For use in England only.
When should I use a Lease Variation?
Use this Lease Variation:
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to change a tenancy agreement that has already been made (eg that’s already been signed)
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when all parties to the tenancy agreement (ie all landlords, tenants, and any guarantors) agree to the changes
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to add, remove, or change certain terms of the tenancy agreement
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to vary an agreement for an assured shorthold tenancy (AST) only
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for tenancy agreements covering properties in England only
Sample Lease Variation
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DEED OF VARIATION FOR A LEASE
This Lease Variation is made as a deed on the date of last signature of the Lease Variation between:
- (the Landlord); and
- of , , (the Tenant); together the Parties and each a Party;
for the purposes of varying the Tenancy Agreement entered into between these parties.
The Tenancy Agreement
- The Tenancy Agreement is the tenancy agreement creating a lease of the residential property located at , , England (the Property) as an assured shorthold tenancy (AST) under the Housing Act 1988 (as amended by the Housing Act 1996), entered into by the Parties on . The Tenancy Agreement includes any supplemental or collateral documents.
- The text of the Tenancy Agreement can be found.
Amendments
- The Parties are varying the Tenancy Agreement in the following ways (the Amendments):
Effect of the Lease Variation
- The Amendments will have effect from.
- This Lease Variation is supplemental and collateral to the Tenancy Agreement. This Lease Variation will not change the Tenancy Agreement except in the ways specifically set out in the Lease Variation in the section titled ‘Amendments’. The remainder of the Tenancy Agreement continues in full force and effect and in executing this Lease Variation as a deed the Parties agree that the terms of the Tenancy Agreement as altered by this Lease Variation are incorporated into this Lease Variation.
- Nothing in this Lease Variation affects, or is intended to affect, a surrender of the AST created by the Tenancy Agreement or the grant of a new lease.
Interpretation and Jurisdiction
- Any definitions and interpretation rules contained in the Tenancy Agreement will apply to this Lease Variation, except where alternative definitions or rules are specifically set out in this Lease Variation, in which case the definitions and interpretation rules in this Lease Variation will take precedence within this Lease Variation only.
- References to a singular within this Lease Variation include the plural and vice versa.
- Except where an exception applies (e.g. in relation to disputes under consumer law), this Lease Variation will be governed by and interpreted according to the laws of England and Wales. All disputes and claims arising under the Lease Variation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
This document is signed as a deed and is delivered and takes effect on the date stated above.
| Executed as a deed by | |
| in the presence of: | |
| Witness signature | |
| Name of witness | |
| Address | |
| Occupation | |
About Lease Variations
Learn more about making your Lease Variation
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How to make a Lease Variation
Making your Lease Variation online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all the information about the changes you’re making to your tenancy agreement prepared in advance, creating your document is a quick and easy process.
You’ll need the following information:
The parties
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What are the landlord’s name, address, and legal structure? If it’s a company or LLP, what is its company or LLP number? If there is more than one landlord, provide the name and address of all landlords.
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What are the tenant’s name and address? If there is more than one tenant, provide the name and address of all tenants.
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Was a guarantor (ie a party that makes a legally binding promise to cover another party’s obligations under a contract if that party cannot) appointed in the tenancy agreement? If so:
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What are the guarantor’s name, address, and legal structure? If it’s a company or LLP, what is its company or LLP number?
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In which clause(s) of the tenancy agreement was the guarantor appointed?
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The property and the tenancy agreement
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What is the address of property rented out under the tenancy agreement?
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When was the tenancy agreement made?
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Has the tenancy agreement been varied before?
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If so, when?
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Will a copy of the text of the tenancy agreement be attached to the Lease Variation or inserted into it?
The changes to the tenancy agreement
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When will the changes to the tenancy agreement take effect (ie what is the effective date of this Lease Variation)?
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What changes are you making to the tenancy agreement?
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Are you:
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Changing when rent should be paid?
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Changing the amount of rent due?
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Changing provisions related to utility payments or other charges?
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Giving the tenant permission to sublet the property?
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Giving the tenant permission to assign the property (ie to transfer it to someone else)?
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Adding a break clause?
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Giving the tenant permission to keep pets?
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Updating a landlord’s or guarantor’s contact details?
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Updating a landlord’s, tenant’s, or guarantor’s name?
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Anything else?
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Where appropriate, you can make multiple of some types of variations (eg you can make multiple changes to parties’ contact details). For each variation you make, you will need to answer follow up questions, such as:
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Which clause(s) of the tenancy agreement contain the text that is being changed?
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Exactly which text is being changed? (unless you’re inserting new text/clauses).
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What requirements or restrictions are placed on a right that you’re granting (eg the tenant’s right to sublet or assign the property)?
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Will the tenant pay the landlord a fee to cover the costs of making this lease variation?
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If so, how much is the fee?
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Making the Lease Variation legally binding
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If the landlord and/or any guarantor are a company, partnership, or LLP, how will they sign the deed? The options available depend on the party’s legal structure. For more information, read the Make it legal checklist for this document.
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Common terms in a Lease Variation
Lease Variations make legally binding changes to Tenancy agreements. To do this, this Lease Variation template includes the following terms and sections:
‘This Lease Variation is made as a deed…’
The Lease Variation starts by clearly identifying all landlords and tenants and any guarantors. It also highlights that the Variation is being made as a deed.
The tenancy agreement
This section identifies the tenancy agreement that is being varied as well as any previous variations that have been made to it. It highlights where a copy of the text of the tenancy agreement can be found.
Amendments
Next, the Lease Variation specifies which changes you are making to the tenancy agreement by identifying which part(s) of the tenancy agreement are being changed and how.
Fees
This section is included if the tenant must pay a fee to cover or contribute to reasonable costs in respect of the Lease Variation. It sets out the amount to be paid as a fee.
Guarantor’s content
If the tenancy agreement appointed a guarantor to guarantee the tenant’s performance of their obligations under the tenancy agreement, this section will be included. It clarifies where in the tenancy agreement the guarantor was appointed and makes a statement that, by signing the Lease Variation, the guarantor consents and agrees to the changes that this Lease Variation is making to the tenancy agreement and confirms that their guarantee remains in full force and effect.
Effect of the Lease Variation
This section clarifies that the tenancy agreement remains unchanged except for the specific changes being made by this Lease Variation. It clarifies that the Lease Variation does not affect a surrender of the tenancy created by the tenancy agreement, nor the grant of a new tenancy. It identifies when the variations will take effect.
Interpretation and jurisdiction
This section clarifies how this Lease Variation interacts with the tenancy agreement with respect to how terms are defined within it, to avoid confusion or ambiguity.
It also identifies that the legal system of England and Wales must be used to resolve any disputes arising in relation to the Lease Variation (ie this is the Lease Variation’s jurisdiction). A consumer’s ability to enforce some consumer rights within the legal system of other countries of the UK is also noted.
‘This document is signed as a deed and is delivered and takes effect…’
The Lease Variation ends with space for all relevant individuals to sign to make the Lease Variation legally binding. Who must sign depends on who the parties are and what their legal structures are. For more information, read the Make it legal checklist for this document.
Schedule – tenancy agreement
If you’re including the text of the tenancy agreement within your Lease Variation, this heading will be included, under which you should insert the tenancy agreement‘s text.
If you want your Lease Variation to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review the document for you (or to make the changes for you) to make sure that your modified Lease Variation complies with all relevant laws and meets your specific needs. Use Rocket Lawyer’s Ask a lawyer service for assistance.
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Legal tips for varying tenancy agreements
Make variations that make sense
A variation is usually a negotiation. Make sure all parties are happy with what’s being changed so that they can agree on the variation. For instance, you should generally:
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make sure any new or altered obligations are practical
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be clear and accurate when setting out your lease variations
Comply with all your obligations as a landlord or tenant
Your home is a key part of your life. As such, residential tenancies are highly regulated by law. Landlords and tenants each have various rights and responsibilities. Particularly, landlords must follow various requirements that help ensure tenants have safe and secure homes.
For more information, read Tenant's and owners' obligations, Legal obligations of a landlord and Fitness for human habitation.
Understand when to seek advice from a lawyer
In some circumstances, it’s good practice to Ask a lawyer for advice to ensure that you’re complying with tenancy law and all other areas of law relevant to changing tenancy agreements. You should consider asking for advice if:
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any parties have signed the tenancy agreement other than tenants, landlords, and guarantors
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any third parties other than a guarantor might need to provide consent to your lease variation (eg any mortgage lenders or parties with a charge over the relevant property)
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you’re unsure if a change you want to make complies with the law
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the tenant under the tenancy agreement you’re varying has sublet the property (ie to a subtenant)
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this Lease Variation doesn’t cover everything you want or doesn’t meet your needs
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Lease Variation FAQs
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What is included in a Lease Variation?
This Lease Variation template covers:
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the parties to the tenancy agreement (including guarantors, if applicable)
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which Tenancy agreement is being varied
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exactly which variations are being made
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guarantor’s consent (if applicable)
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any fee payable with regard to the Lease Variation
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the legal effect of the Lease Variation
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Why do I need a Lease Variation?
Life is complicated and things are always changing. A landlord and tenant may agree to terms of a tenancy agreement that make sense for them at the start of the tenancy, only for these terms to become unsuitable for their circumstances later on.
Varying a tenancy agreement using a Lease Variation is a legitimate and practical thing to do when circumstances change. However, you need to do so in accordance with the law to make sure your Lease Variation is legally binding and to avoid later disputes over whether a change has actually taken effect. Using a Lease Variation like this one, and reading the FAQs to understand how the document should be used, is an excellent way of making sure your variations are valid.
You should always make changes to a tenancy agreement using a formal, written deed (ie a specific type of legal document), like this one. This helps your changes to take effect and ensures you have a firm record of your variations.
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Which changes can I use this Lease Variation to make?
This Lease Variation can be used to:
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change when rent should be paid (ie on which day and at which frequency)
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change the amount of rent payable (by increasing or decreasing it)
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but only when both the landlord and tenant (and any guarantor) agree to the change
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do not use this document to implement a rent increase permitted by a rent review clause or to utilise the mechanism for rent increases contained in section 13 of the Housing Act 1988
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make changes related to utility payments and/or other charges (eg changing which provider should be used or who is responsible for charges)
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add in permission for the tenant to sublet the property
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but only when the tenancy agreement doesn’t currently allow subletting. If it allows subletting subject to the landlord’s permission, you should provide consent in accordance with the agreement’s provisions on subletting, rather than using this Lease Variation
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you can grant the tenant general permission to sublet the property or permission to make one specific sublet
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subletting will always be restricted to sublets under ASTs
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add in permission for the tenant to assign their tenancy (ie transfer it to someone else)
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but only when the tenancy agreement doesn’t currently allow assigning. If it allows assigning subject to the landlord’s permission, you should provide consent in accordance with the agreement’s provisions on assigning, rather than using this Lease Variation
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add in a break clause that either the landlord and tenant or only the tenant may use
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add in permission for the tenant to keep pets
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either in general or permission to keep specific pets
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change a landlord's or guarantor's contact details (eg their address)
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identify a landlord's, tenant's, or guarantor's name change (eg following marriage or divorce)
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make any other changes to the tenancy agreement by substituting, adding, or removing text
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this option should be used with care and only to make changes that you’re confident are compliant with tenancy law. If in doubt, Ask a lawyer for assistance
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Make sure that any changes you make comply with the law. Read the other FAQs on this page to learn more, and always Ask a lawyer if you’re unsure if a change you want to make is legally compliant.
It’s also vital that you understand the legal implications of any change you make to a tenancy agreement. A tenancy agreement is a legally binding contract and any valid changes you make are legally enforceable. Moreover, understanding the effect of changes can be complex. For example, if permission to assign a tenancy is granted, the assignment itself must take effect using certain legal formalities. You can Ask a lawyer if you need help managing a tenancy.
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Can I use this document to end a tenancy?
No. There are a finite number of ways that an AST in England can legally be ended. To end your tenancy, you must use one of these and must follow all laws and processes associated with it. Options include:
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ending a tenancy by surrender (ie when the landlord and tenant agree to end it)
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the landlord serving an Eviction notice and, if necessary, using possession proceedings
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utilising a break clause contained in the tenancy agreement
This Lease Variation is not intended to implement any of these methods of ending a tenancy, nor any other.
For more information, read Ending a fixed term tenancy.
You can start the process of ending a tenancy via eviction using our Eviction notice templates and FAQs and, if you need support, our Tenant eviction service.
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Am I allowed to change a tenancy agreement?
Once a tenancy agreement has been made, it can only be varied in certain ways. Usually, all parties to the tenancy agreement (including any guarantors) must agree to the changes. This Lease Variation is designed to be used only to make changes to the tenancy agreement to which all parties agree.
A tenancy agreement is a type of contract. To vary it, everything that’s necessary to form a contract in the first place must again be present. For example, the parties must intend a legal change to the contract. Any rules on varying the tenancy agreement that are set out within that agreement should be followed.
For more information, read Varying a contract.
Parties to a tenancy agreement are generally free to agree on any changes they want to make to their tenancy agreement – as long as these changes do not break housing law or other relevant laws.
Tenants are generally considered consumers, and so are protected by consumer rights law. This means that changes to a tenancy agreement’s terms should usually not be manifestly unfair. A term may be considered unfair if it causes a significant imbalance in the obligations or rights of the parties to the consumer’s detriment. For example, a term that requires a tenant to pay rent even if the property becomes uninhabitable. Unfair terms may not be legally binding. Exceptions apply, for example, when a change’s provisions are prescribed by tenancy law. You can Ask a lawyer if you need help establishing whether a lease variation you want to make is fair.
For more information, read Consumer rights, Does consumer law apply to landlords?, and our various legal guides on different areas of housing and tenancy law.
Restrictions on varying a tenancy agreement
Changes to tenancy agreements are only allowed subject to various restrictions. These are generally situations in which a change would either break tenancy law or be impracticable to implement. Restrictions often apply to a certain type of change. They include:
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do not make a change that attempts to remove a tenant’s statutory rights (eg the right to quiet enjoyment of the property or to have their deposit protected within an approved tenancy deposit scheme)
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do not do anything that would make the tenancy incapable of being an AST (eg setting the rent outside the acceptable levels for an AST)
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do not make any changes that break equality and anti-discrimination laws
If you need any help checking that a change you’re making to a tenancy agreement is permitted by law, Ask a lawyer for assistance.
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When should this Lease Variation not be used?
This Lease Variation can be used to make a range of changes to a tenancy agreement. However, it is not appropriate for use for:
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increasing or decreasing the extent of the property rented out (eg adding a new area of land to the area that the tenant can use)
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increasing or decreasing the term (ie duration) of the tenancy. This carries the risk of accidentally ending the tenancy and creating a new one, potentially releasing any guarantors or attracting stamp duty liability
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correcting a mistake made in the original tenancy agreement
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changing the rent in accordance with an existing rent review clause or the mechanism for rent increases contained in section 13 of the Housing Act 1988
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giving the landlord’s consent for the tenant to do something as specifically required by the existing tenancy agreement (eg to make alterations to the property, keep pets, or sublet). In such situations, a full Lease Variation is unnecessary and consent only needs to be granted in accordance with any requirements set by the original tenancy agreement
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What’s the difference between an addendum and an amendment?
Contract addenda and contract amendments are both ways of changing (ie varying) a contract such as a tenancy agreement. Technically, they both constitute legally binding variations of a contract that’s already been formed. However, generally:
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‘addendum’ refers to the addition of extra terms or clarification of existing terms of a contract, whereas
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‘amendment’ refers to any kind of actual change made to a contract (eg removing a clause, changing a price, or changing an obligation)
This Lease Variation can be used to make both contract addenda and contract amendments.
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Can the landlord charge the tenant a fee for varying their tenancy agreement?
Yes, in certain circumstances. A landlord can legally charge a tenant a fee in relation to making a change to their tenancy agreement, but only if:
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the tenant requested the change, and
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the fee isn't more than £50 or, if higher, the reasonable costs incurred in respect of the variation. The landlord should be able to demonstrate why any fee charged above £50 is reasonable and provide evidence of their costs (eg invoices or receipts)
For more information, read Tenant fees.
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Who has to agree to a variation?
The tenant and landlord must both agree to any changes you wish to make to a tenancy agreement. If a guarantor has been appointed in respect of the tenancy agreement, they must also agree.
If there are multiple joint tenants, landlords, and/or guarantors, all of these must agree.
Sometimes, other parties will need to agree too. For example, the landlords’ mortgage lender may need to give permission to any variations if the terms of the mortgage require this.
If you think your Lease Variation may need to include permission from a party other than tenants, landlords, and guarantors, Ask a lawyer for help tailoring your document.
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