Whether you are a council tenant, renting privately or from a local housing association, you will almost certainly have a tenancy agreement. If not, then you need to find out why! A tenancy agreement generally speaking is a legal arrangement between you and your landlord.

What if the tenancy agreement is unfair?

Under the Unfair Terms in Consumer Contracts Regulations Act 1999, it states that you should not have unfair terms in your contract. Therefore, if there are clauses in the tenancy agreement, for example, that allow the landlord to enter your home without reasonable notice if there is not an emergency, or the landlord insists you pay for repairs which are not your responsibility, then these may be deemed unfair if the matter is challenged in the courts. Other examples of one-sided clauses in tenancy agreements may include the landlord’s right without challenge to determine the level of deposit that is paid back, or you are expected to return the property in a better state than when you moved in.

All tenancy agreements should be fair and reasonable to both parties. They should be written in plain English so tenants understand what their legal obligations are.

Where can I get more information and advice?

A good start is the Office of Fair Trading (OFT) which has produced a leaflet entitled ‘Unfair tenancy terms – don’t get caught out’. The leaflet highlights some of the potential hazards to individuals and families who are thinking of renting. The organisation are unable to help with individual disputes, however, if they believe a landlord is using unfair terms and conditions they may take action.

For those tenants who wish to complain about unfair term clauses in their tenancy agreements, trading standards may be able to help. Other organisations where help and advice can be sought include Shelter and the Citizens Advice Bureau. Private tenants go to this page, tenancy disputes

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