Unfair Contract Terms Act Tenancy Agreements

It is not just the purpose of the clause that can be unfair. The rules on abusive clauses generally do not apply to the price and the main purpose of a contract. You cannot object to the price of the rental, but the term of your rent must be written in plain language. 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. A tenant can complain to the local Trading Standards Office about an unfair clause in their rental agreement. Trade standards, on the other hand, refer to the Office of Fair Trading`s Fair Trading Terms Association. 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. The landlord is not allowed to enter the property and belonged to the tenant instead of unpaid rent.

A term that allows it would be unfair. « The requirement for a significant imbalance is met if a clause is weighted in favour of the supplier so that the rights and obligations arising from the contract are significantly reversed by the parties in its favour. » The essential terms of the lease (the conditions under which the rent, the details of the property and the duration of the lease are fixed) must not be fair as long as they are « transparent » – as above, this means that they must be in clear and understandable language. [6] They may, however, be questioned in respect of aspects that do not concern matters that concern the substance of the treaty. For example, the concept of rent setting cannot be unfair simply because it sets a higher rent than other landlords, but it may be unfair because of the nature and date of the rent payment. Other provisions that continue to be invoked are: [10] All the terms of a written lease must be « transparent » – that is, they must be in a clear and understandable language. Any written term should be interpreted in a way that is favourable to the tenant if its meaning is not clear. [4] A landlord has a duty of care to keep tenants and visitors safe and cannot object to it. This is particularly the case with liability for assault or death. Although the owner`s duty of care is not to keep the building safe, it should always maintain common areas of the property. This rule also applies to leases. The Consumer Rights Act 2015 and the Terms Unfair in Consumer Contracts Regulations 1999 explain the types of clauses that can be considered abusive. A term that requires the tenant to pay unnecessary and inappropriate fees is unfair.

As a general rule, the consumer has no say under these conditions and will often sign them without even reading them. The rules on abusive clauses, which stipulate that clauses must be « fair », are an attempt to restore balance to prevent consumers from being exploited unjustifiably. Regardless of the date of the agreement, an abusive clause is not binding on a « consumer » (including a tenant) unless it is exempt from the duty of fairness.