New Landlord Law Tenancy Variation Agreement

Prior to 1 May 2026, many tenants would be asked to sign a new tenancy agreement every six or 12 months at the end of their fixed term or at ‘renewal’.

This new agreement would guarantee tenants a further fixed term during which the landlord could not use the no-fault Section 21 procedure. It would also often increase the rent.

However, since 1 May 2026, fixed terms for assured tenancies have effectively been abolished, and landlords can only increase rent through the statutory Section 13 procedure.

So in most cases, once a tenant has signed a tenancy agreement, that will remain the agreement governing the tenancy for as long as the tenancy lasts – which could be for many years.

Implications of the loss of ‘renewals’

Following on from this, landlords need to be particularly careful when drafting tenancy agreements for their tenants, as there will be fewer opportunities to replace them with a new version.

So try not to make mistakes! I would advise agents to require tenancy agreements to be approved by a senior member of staff before use, rather than leaving junior staff to deal with them on their own.

And now that Section 21 is no longer available, a tenant who sees no benefit in signing a replacement agreement may simply decline to do so.

When an updated agreement may be useful

There will nevertheless be occasions when one or both parties will want an up-to-date agreement. For example:

• if the landlord has changed and you want the current landlord’s details recorded in an up-to-date document;
• if you want to change the tenancy periods, for example so they start on a different day;
• if you want to amend the terms of the existing tenancy, perhaps because of a change in the law or because a mistake was made; or
• if the tenant needs a more up-to-date document for a benefits claim or some other official purpose.

Note that a change of landlord does not itself end the tenancy or require a new tenancy. The appropriate statutory notices following the change of landlord must still be given.

Landlord Law members also have our amendment documents, which can be used where:

• you agree to permit one or more pets;
• you agree to allow the tenant to run a home business from the Property;
• you want to add an additional household member/permitted occupier; or
• you agree to allow the tenant to have a lodger,

where your current tenancy agreement prohibits or restricts these.

For other changes, we now have the Landlord Law Tenancy Agreement Variation Form.

The Landlord Law Tenancy Agreement Variation Form

This can be used where the parties want to replace or update the terms of an existing assured periodic tenancy without creating a new tenancy.

A variation agreement will normally be preferable to simply issuing a fresh tenancy agreement. If a fresh agreement results in the old tenancy being surrendered and a new tenancy being created, this can have adverse consequences for landlords.

For example, it can start a new 12-month protected period during which Grounds 1 and 1A cannot be used to obtain possession.

However, section 4A(7) of the Housing Act 1988, inserted by section 1 of the Renters’ Rights Act 2025, expressly preserves the landlord’s and tenant’s ability to vary tenancy terms by agreement, subject to the statutory rules concerning periodic tenancies and rent periods.

The variation agreement is therefore drafted so that the existing tenancy continues. It does not create a new tenancy.

This is, of course, subject to your tenant being willing to sign it!

In some circumstances they may be only too happy to do so – for example, if having an up-to-date agreement will help with a benefits application.

If the changes are mainly for your benefit, however, you may need to offer the tenant something in return for agreeing to them. A reduction in rent is one possibility. Unlike a rent increase, a reduction in rent can be agreed between landlord and tenant.

When the variation agreement can’t be used

Be aware that the Landlord Law variation agreement cannot be used:

• to increase the rent – rent increases must be dealt with through the Section 13 procedure;
• to change the identity of the tenants – in virtually all cases this will require the existing tenancy to end and a new tenancy to be created; or
• to change the Property included in the tenancy – for example by adding a garage, garden or other accommodation. Again, this may result in a new tenancy being created.

The Landlord Law Variation Agreement can only be used for standard assured periodic tenancies. It is not suitable for student lets.

At the time of writing, we do not have a variation agreement for a room in a shared house tenancy, although one can be drafted if there is sufficient demand.

Members can find the new document via the button below: