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Section 102: Variation of terms of secure tenancy.

Housing Act 1985 · 1985 c. 68View on legislation.gov.uk

Part IV: SECURE TENANCIES AND RIGHTS OF SECURE TENANTS

The terms of a secure tenancy may be varied in the following ways, and not otherwise—

by agreement between the landlord and the tenant;
to the extent that the variation relates to rent or to payments in respect of rates , council taxor services, by the landlord or the tenant in accordance with a provision in the lease or agreement creating the tenancy, or in an agreement varying it;
in accordance with section 103 (notice of variation of periodic tenancy).

References in this section and section 103 to variation include addition and deletion; and for the purposes of this section the conversion of a monthly tenancy into a weekly tenancy, or a weekly tenancy into a monthly tenancy, is a variation of a term of the tenancy, but a variation of the premises let under a tenancy is not.

This section and section 103 do not apply to a term of a tenancy which—

is implied by an enactment, or
may be varied under section 93 of the Rent Act 1977 (housing association and other tenancies: increase of rent without notice to quit).

This section and section 103 apply in relation to the terms of a periodic tenancy arising by virtue of section 86 (periodic tenancy arising on termination of a fixed term) as they would have applied to the terms of the first tenancy mentioned in that section had that tenancy been a periodic tenancy.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.