Recently, I've had a number of followers send me questions on Lettings. Instead of sharing the answers just with them, I thought it be a good idea to share with you all.

Question:
Can I alter the term of an assured or shorthold tenancy?

Answer:
If the lease is a fixed term or contractual periodic tenancy you can only make changes if the tenant agrees. It is best to put any alterations in writing. If the fixed term has ended, the agreement reverts to a statutory periodic tenancy, but it will continue on the same terms, unless either party proposes a change. You or your tenant may suggest new terms and any subsequent change to the rent within a year of the statutory periodic tenancy starting. If you cannot agree new terms, you both have the right to apply for an independent decision to be made by a rent assessment committee.


Question:
How do I go about making the changes?

Answer:
You are your tenant must set out new terms and any consequent change to the rent on a form called a ‘Notice proposing different terms for a statutory periodic tenancy’. If you both accept the changes, they can be included in your agreement. If there is a dispute, you or your tenant must apply to a rent assessment committee, using another form called an ‘Application referring a notice proposing differing terms for a statutory periodic tenancy to a rent assessment committee.’ This must be done within three months of receiving notice of the changes.


Question:
How does the rent assessment committee decided the terms?

Answer:
The committee judges whether the proposed changes are reasonable or if other terms would be more appropriate. They may adjust the amount paid by the tenant to reflect the terms, even if neither of you has proposed new rent. Once the committee has made a decision, the new terms and if necessary, the new rent, will apply from the date given.


Question:
If the rent assessment committee set new terms, can I propose further changes?

Answer:
You can only make additional changes if the tenant agrees. You can, of course, propose a new fixed term or contractual periodic agreement at any time.


Question:
Can more than one tenant hold an assured or shorthold lease?

Answer:
Joint agreements can be made with two or more people. Each tenant is responsible for meeting the terms in full, which includes paying the rent. If one joint tenant leaves the property before the end of the agreement and the landlord cannot recover the rent, the remaining tenants will be responsible for paying it.


Question:
Can a person living in a house rental by someone else succeed the current tenant?

Answer:
If someone who is part of a joint tenancy dies, the remaining tenants have an automatic right to stay in the property. If a sole tenant dies, the right to succession will depend on the agreement. In the case of a fixed term that has not expired, the lease will pass to the tenant’s beneficiary. If it was a contractual or statutory periodic agreement, a spouse or person who has lived with the tenant as husband or wife has an automatic right to succeed unless the deceased was already a successor to the tenancy. Should someone be living in the house that does not have a right to the tenancy, you can seek possession under the Housing Act 1988, provided proceedings are started within a year of the tenant’s death.


Question:
Can the tenant give away or sub-let the lease to someone else?

Answer:
A fixed term tenant must seek the landlord’s permission before sub-letting the property. If you do not want this to happen, you should say so clearly in your agreement. Tenants with contractual or statutory agreements that have arisen out of a fixed term cannot give or sub-let the lease with-out the landlord’s permission. However, if the tenant has paid a premium for the property i.e. a sum that is additional to the rent or deposit, they can pass the lease to someone else, unless it is prevented in the tenancy agreement.