Making changes to a tenancy agreement
There are several different ways to change a tenancy agreement. Landlords and tenants should decide together which approach best suits their situation.
The type of change to a tenancy agreement will have an impact on the:
- healthy homes compliance date
- Residential Tenancies Amendment Act 2020 law changes that apply.
Continue
A fixed-term tenancy will automatically continue as a periodic tenancy at the end of the term, unless:
- either the landlord or tenant gives the correct notice to end the tenancy, or
- the tenant and landlord enter into a renewed fixed-term tenancy agreement, or extend the existing tenancy agreement, or otherwise vary the agreement. This can only occur if the landlord and tenant agree, or when a tenant exercises a right in their agreement.
Healthy homes compliance
Continuing a fixed-term tenancy does not change the healthy homes compliance date for the property.
If a new or renewed fixed-term tenancy begins on or after 1 July 2021, the healthy homes compliance date is 90 days later.
Extend
The end date of the tenancy is changed but all other aspects of the agreement remain the same. This only applies to fixed-term tenancy agreements. This can only occur if the landlord and tenant agree, or when a tenant exercises a right in their agreement to extend the fixed-term.
If the tenant wants to extend the agreement they must tell the landlord in writing at least 28 days before the end of the fixed-term.
Healthy homes compliance
Extending a fixed-term tenancy does not change the healthy homes compliance date for the property.
If a new or renewed fixed-term tenancy begins on or after 1 July 2021, the healthy homes compliance date is 90 days later.
Vary
The terms or conditions of the tenancy agreement are changed, for example responsibilities for lawns and gardens, change of tenants or conditions about having pets at the property. It's different to a renewal or extension as it relates to the terms or conditions rather than the end date of the tenancy.
This change must be in writing and signed by both the landlord and tenant(s) and state what date it takes effect from. It can be written in the tenancy agreement or on a separate document that is then attached to the tenancy agreement. The landlord must give the tenant(s) a copy of this written variation.
A rent increase notice does not require a written variation or tenant signature, as this can be issued without the tenant’s prior agreement (as long as the notice complies with all legal requirements). In some situations, the tenant and landlord may agree to increase the rent due to changes that benefit the tenant, for example, substantial improvements to the premises. In these cases, the increase in rent would be a variation and must meet the above requirements.
Healthy homes compliance
Varying a tenancy does not change the healthy homes compliance date for the property.
From 1 July 2019, landlords have been required to include an ‘intent to comply’ statement [PDF, 799 KB] in the tenancy agreement (or attach it) if a variation occurs.
Healthy homes compliance timeframes has more information.
From 1 December 2020, most new or renewed tenancy agreements must also include specific information about the rental’s current level of compliance with the healthy homes standards.
Renew
A fixed-term tenancy can be renewed on the same terms and conditions for the same length of time as the original fixed-term tenancy. This can occur if the landlord and tenant agree or when a tenant exercises a right in their agreement to renew the fixed term.
If the tenant wants to renew they must tell the landlord in writing at least 28 days before the end of the fixed-term.
Healthy homes compliance
Renewing a fixed-term tenancy can have an impact on the healthy homes compliance date and what required statements must be included in the new tenancy agreement.
Renewed tenancy signed before 1 July 2021 but ends before 1 July 2024
You will need to include an ‘intent to comply statement' [PDF, 799 KB] in the tenancy agreement (or attach it).
Renewed tenancy signed before 1 July 2021 but ends after 1 July 2024
You will need to include a compliance statement in the tenancy agreement.
Renewed fixed-term tenancy begins on or after 1 July 2021
The property must comply with the healthy homes standards within 90 days of the starting date of the further fixed-term period. You must also include a healthy homes compliance statement with the new agreement.
Healthy homes compliance timeframes has more information.
Several other required statements may need to be included in (or attached to) renewed tenancy agreements. This depends on the date the original tenancy began and the date the renewed fixed term period started.
Residential Tenancies Amendment Act 2020
Fixed-term tenancy agreements
If the original fixed-term tenancy agreement was signed before 11 February 2021, the following law changes do not apply:
All other tenancy law changes that came into effect on 11 February 2021 will apply.
This is the case even if you make changes to your fixed-term tenancy agreement (extend, vary or renew) after 11 February 2021.
If the fixed-term tenancy expires and continues as a periodic tenancy or you renegotiate a new fixed-term tenancy, all of the law changes will apply.
Periodic tenancy agreements
All the law changes that came into effect on 11 February 2021 apply to periodic tenancy agreements.
This is the case regardless of when the agreement was signed or if any changes are made to the tenancy agreement (such as agreeing to a fixed-term).
Recording changes to a tenancy agreement
If you extend, vary or renew your tenancy agreement, you must record the change in writing. Both the landlord and all tenants need to sign it. This document can take any format, but it must include:
- what the change is
- when it takes effect
- landlord's signature
- all of the tenants’ signatures.
Once signed, the landlord should give the tenant a copy. This should happen before the change takes effect. Both parties should attach this to their copy of the tenancy agreement.
Rent increase notice
A rent increase notice does not require a written variation or tenant signature to the tenancy agreement, as the notice can be issued without the tenant’s prior agreement (as long as the notice complies with all legal requirements).
In some situations, the tenant and landlord may agree to increase the rent if the landlord has either made substantial improvements to the premises, increased or improved the facilities or services, or agreed to vary the terms of the tenancy and it benefits the tenant. In these situations, the increase in rent would be a variation of the tenancy agreement.
