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Unfair terms in tenancy agreements

  • Anything can be added to a tenancy agreement but that doesn’t mean they will all be backed up by a judge in the event of a dispute. For example, specifying an exact time to empty the waste bins on a particular day would be seen as an “unfair term”. It wouldn’t invalidate the whole contract, but it couldn’t be relied on in court and could result in action be the Office of Fair Trading.

    An “unfair term” is one that removes a legal right from the tenant or otherwise tips the balance of rights and responsibilities unfairly against the tenant.

    “Removing a legal right” would cover anything in the implied terms. For example, a landlord can’t add a clause stating that the tenant is responsible for organising the testing of the central heating gas boiler as this is his responsibility. Likewise, you can’t have a term stating that the landlord can enter the property any time he likes to watch the television as this removes the tenants right to quiet enjoyment.

    There can be many different types of term that would be unfair in tipping the balance against a tenant. These include imposing unfair obligations like requesting a tenant cleans the light bulbs every day and imposing unfair charges such as demanding payment to cover the costs of the landlord’s travel to collect the rent.

    by: tenancysolved uploaded July 21, 2021