Is your Tenancy Agreement fair or unfair?

All terms and conditions mentioned in a Tenancy Agreement must not be unfair. If 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 any term or condition in the deal is considered unfair, it will be entirely unenforceable for the Tenant.

When are the terms considered Unfair in a Tenancy Agreement?

To consider a tenancy agreement entirely fair, it must meet the following needs and requirements:

  • All the terms mentioned in the contract should be in a language that is easy to understand.
  • All the terms of the agreement must pass the fairness test
  • The contract’s parties must conclude that the deal is entirely 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 direct the Tenant to pay for maintenance and repairs, which the Landlord legally requires, allow the Landlord to order the home during the tenancy period without any permission or prior notice.

How do we act on unfair terms?

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

To avail of any free legal advice on these matters, you can also consult your local Citizens Advice Bureau.


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