Nearly Legal: Housing Law News and Comment

Unilateral tenancy variation

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).

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