An unfair term in a tenancy agreement is one that creates an imbalance between a landlord and a tenant, to the tenant’s detriment. On a basic level, all terms in a tenancy agreement must be written in plain English and not be open to interpretation.
Unfair terms is governed by two pieces of legislation, before and after October 1, 2015: the Consumer Rights Act 2015 and, previously, the Unfair Terms in Consumer Contracts Regulations 1999.
The Acts are not specifically aimed at tenancies, but they are included in its scope, and examples of an unfair term in relation to tenancies include:
Giving the landlord excessive right of entry for an illegitimate reason
Requiring rent to continue to be paid for an uninhabitable property
Attempting to limit the tenant’s right to serve a notice to quit
For more information on the rights and responsibilities of tenants and landlords, and other resources on renting a property, visit our landlord hub here.