Unfair Clauses In Tenancy Agreements

The requirement for legislation on unfair terms originally came from Europe as a directive, which Member States then had to incorporate into their own legislation. You and your landlord may have made arrangements on the lease, which will be part of the lease agreement as long as they are not against the law. You and your landlord have the rights and obligations that are prescribed by law. The rental agreement can give you and your landlord more than your legal rights, but no less than your legal rights. If a provision of the rental agreement imposes on you or your landlord less than your legal rights, that provision cannot be enforced. Your lease cannot deprive you of fundamental rights. Any provisions of the rental agreement that attempt to do so could be considered unfair. Schedule 2 of the Consumer Rights Act 2015 provides examples of types of terms that could be considered unfair. If it`s written in a complex and difficult style with a lot of legal jargon that ordinary people can`t understand, it can also be unfair.

As well as printing contracts in such a way that they are difficult to read – for example, a very small light-colored writing on a white background. You can raise the issue of an unfair term in court if your landlord has sued you and relies on a term that you consider unfair. The judge may want to know what the trading standards have said about the fairness of the contract. Your agreement might say you have a certain type of rental – but the type of lease you actually have might be different. Use simple English in the rental agreement – language that can be understood by the tenant. Avoid unusual language or complex sentence constructions. If your tenant asks you what means something (provided it`s before the contract is signed), this could be a good indicator that your agreement isn`t clear enough. However, some words in a rental agreement have specific legal meaning and should not be changed. Contact the trading standards if you think any of the terms of your lease agreement are unfair. Trading standards can check the contract and ask the owner or agent to remove some of the conditions. When it comes to a lease, tenants are often faced with a fait accompli. Some landlords and rental agents hand over the document to the tenant and expect it to be signed without argument, although its terms are negotiable like any binding business agreement for the parties.

The reality is that you may have no choice but to accept some slightly less favorable terms, simply because there might be other tenants signing if you don`t. However, if something really looks bad, you have the right to challenge, complain – or leave – a rental agent or landlord. Terms that exclude or limit liability “to the extent permitted by law” or “unless prohibited by law” are also unfair. Not only are you unfair, but you`re also not clear – the average tenant won`t understand the status that relates to rental contracts The lease is a contract between you and your landlord.