Unfair Contract Terms Tenancy Agreements

You should always check a contract before you sign it. Explain any concerns you have about the fairness of the terms and ask the owner to consider a review of the conditions. Contact trading standards if you feel that some of the terms of your lease are unfair. Trading standards can verify the contract and may ask the owner or agent to remove some of the conditions. There is nothing to prevent the inclusion of abusive clauses in a lease agreement, but an owner should be aware that just because it is included does not mean that it is applicable. Include all the terms in the main document. Don`t refer to other documents or use small print to add a term at the end. Secure short-term leases are subject to unfair clauses of the Consumer Contracts Regulations 1999. Other fees and penalties, such as administrative and excessive insurance costs, are unfair.

Appendix 2 of the Consumer Rights Act 2015 contains an indicative list (the “grey list”) of contractual clauses that, in certain circumstances, may be considered abusive. They are in many ways similar to the “indicative list” of the 1999 regulation revision clauses for contracts concluded before October 1, 2015. In England and Wales, most tenants are not entitled to a written lease. However, social housing tenants, such as municipalities and housing companies, generally receive a written tenancy agreement. If you are visually impaired, the rental agreement must be written in a format that you can use, for example in large print or braille. Learn more about how you ask your landlord to make changes to help solve your disability. You can raise the issue of an unfair clause in court if your landlord has brought you to court and relies on a clause that you consider unfair. The judge may want to know what the trading standards have said about the fairness of the contract.

It explains why the CMA considers certain standard contractual conditions used in leases to be potentially unfair. Examples of potentially unfair tenancy conditions are: other provisions relating to leases that continue to apply are: an abusive clause is not applicable and the lessor cannot rely on it when it initiates legal action against a tenant.