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Unilateral tenancy variation

09/06/2008

Governors of the Peabody Trust v Reeve (Times report)

Registered Social landlords cannot vary tenancy agreements unilaterally, save for rent changes. Any other variation of terms requires consent of both parties in writing.

Unlike local authorities, registered social landlords such as the Peabody Trust ceased to enjoy the ability to vary tenancy agreements in accordance with section 103 of the 1985 Act after the enactment of the Housing Act 1988.

Even if it was possible under s.103, then it wouldn’t be binding under regulation 8 of the Unfair Terms in Consumer Contracts Regulations (SI 1999 No 2083).

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts.

7 Comments

  1. C

    Has anyone got a copy of the full judgement for Peabody? I know it’s early days but one can hope!

    Reply
  2. C

    Many thanks NL. I shall peruse with great interest!

    C.

    Reply
  3. Rachel

    Has there been any developments on this.

    Any had experiance of Camden claiming to have sent Variation of terms and the tenant not recieving them

    Reply
  4. Siobhan Livingston

    Hi! is it possible to get a copy of the full judgement :)

    Reply
  5. Siobhan Livingston

    Thank you!

    Reply

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