Tenancy Agreement

Is My Tenancy Agreement Unfair?

The terms in a Tenancy Agreement must be deemed fair – Unfair Terms in ‘Consumer Contracts Regulations 1999’ provide protection to Tenants. The Regulations state that any terms deemed to be unfair will be held to be unenforceable as against the Tenant.

Unfair terms in a Tenancy Agreement

For a tenancy agreement to be deemed fair it must meet the requirements as set out by the Regulations, which means the following must be adhered to:

  • The terms in the contract must be in plain language which is clear and easy to understand
  • The terms of the contract must be regarded as fair in terms of a fairness test
  • The parties to the contract must have concluded the agreement in good faith.

Examples of unfair terms

Here are a few examples of unfair terms that should not be stipulated in a tenancy agreement, consequently cannot be enforceable:

  • Terms which stipulate that the Tenant is to pay for repairs which the Landlord is legally required to repair
  • Terms allowing the Landlord to enter the property during the tenancy without prior notice and/or permission

Acting on unfair terms

If you suspect your tenancy agreement may contain unfair terms you should consult an experienced adviser.

For free legal advice on the matter, you can contact your local Citizens Advice Bureau.