Vary Other Terms (Not Rent)

Occupation contracts

Under Renting Homes (Wales) Act 2016, once a contract has been agreed upon, terms can be varied, but only where the legislation allows. Some terms can never be changed even if both parties want to (except if altered by legislation). A written statement of the variation is required, including if the amended legislation varied the contract.

Agreeing to change terms

An existing converted tenancy may not be varied before the landlord has given the contract-holder a written statement of the contract (para. 14, sch. 12).

"Variation" concerning an occupation contract includes adding or removing a term. Still, it does not include any change in the landlord's or contract-holder's identity under the contract (s.247). Therefore, adding or removing a contract-holder is not a "variation" under the Act. Where a contract holder is added, typically, the easiest way is to issue a whole new occupation contract (see adding a contract holder for more information).

Fundamental terms are specific terms inserted by the legislation.

Some fundamental terms cannot be varied even if the parties want to, which applies during the fixed term and periodic. These terms include:

  • the requirement to use a deposit scheme
  • joint contract-holder ceasing to be a party to the occupation contract,
  • anti-social behaviour and other prohibited conduct,
  • permissible termination,
  • possession claims,
  • death of the sole contract-holder,
  • securing contract by use of the false statement.

There are several other fundamental terms that, although they can be varied, can only be varied if the position of the contract-holder is improved.

Generally, it would be best to never vary a fundamental term without consulting professional advice.

You can vary any supplementary or additional terms during the fixed term and periodic by agreement between landlord and contract-holder (s.125(1) for periodic).

Variations by enactment

Where legislation amends the Renting Homes (Wales) Act 2016 or any of the sub-regulations and those amendments, in turn, change the wording of a term of the occupation contract, the landlord must provide a written statement of the variation (s.128(1) for periodic, s.136(1) for fixed-term).

Written statement of variation

Where the varied terms are agreed upon or have been amended by legislation, you must give a written statement of the variation within 14 days of the change.

The statement may be:

  • a written statement of the term or terms varied, or
  • a written statement of the contract as varied.

There is no prescribed form for a variation statement.

Failure to provide a written statement

Where a written statement is required, but the landlord fails, compensation is payable of a daily rent up to when the statement is provided or up to 2 months plus interest.

Other tenancies

For other tenancies, terms can be varied anytime by agreement with the tenant. The change in terms can be achieved by issuing a renewal tenancy with the revised terms or a letter identifying the changes signed by all parties.

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