Is your Tenancy Agreement fair or unfair?

All terms and conditions mentioned in a Tenancy Agreement must not be unfair. In case, there are unfair Terms in the agreement, the consumer Contracts Regulations 1999 has been established to provide protection and safety to Tenants. This Regulation states that if there is any term or condition in the agreement, which is considered as unfair, it will be completely unenforceable for the Tenant.

When the terms are are considered Unfair in a Tenancy Agreement?

In order to consider a tenancy agreement completely fair, it must meet following needs and requirements:

  • All the terms mentioned in the contract should be in easy to understandable language.
  • All the terms of the agreement must pass the fairness test
  • All the involved parties in the contract must conclude that the agreement is completely fair.

Examples of some unfair terms

Following are some examples of unfair terms, which you should never use in a tenancy agreement, and you cannot enforce these terms on your tenants:

  • Terms and conditions that directs the Tenant to pay for maintenance and repairs which are legally required by the landlord.
  • Terms those allow the Landlord to enter into the home during the tenancy period; without any permission or prior notice.

How to act on unfair terms?

If you think that your tenancy agreement consists of unfair terms, then you should contact an experienced legal adviser.

In order to avail any free legal advice on these matters, you can also consult your local Citizens Advice Bureau.