New TA or addendum to TA

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13 Posts
6 days ago

Can I use an addendum notice to the original TA to change some details of the original tenancy agreement ? OR Do I need to discuss with tenant and start afresh with a new tenancy agreement please?
Tenant has lived in the property on his own but now has three of his children living with him in the property after their mother left the area. Original TA allowed children to stay periodically which was agreed but they are now living there permanently.  
I also need to increase the rent and there is a clause in the previous addendum of 5% increase per year which now will not cover all the outgoings. 
We need this rent to supplement our state pensions. 
The tenant is a good man, is self employed and I would rather not have to section 21 and have him and his children without a home just so that I can increase the rent to current local rent for property ( current rent £1250 pcm but should be in region of £1600 to £1700 pcm). We were thinking that we would need the rent to be around £1450 pcm. It is a Detached  four bed house with workshop, garage and parking for four cars. 
Would the best way forward be to discuss situation with tenant and take into account that we may have to sell the property if we can't make it pay?

I wondered if we could keep the current TA in place but add an addendum to make changes to the TA OR do we agree to end the tenancy and start completely afresh. Several years ago the mother father and children were living in the property altogether. She left with all the children and surrendered her interest in the tenancy and we started afresh with a tenancy just in the tenants name only. We refunded the protected deposit applicable to the joint tenancy and then received a new deposit and protected that complete with all required paperwork for the new tenancy.  
mot would be so much easier to just agree an addendum to the existing tenancy agreement!!

thank you in advance for any help and advice.

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