Tenancy agreements and 'fair' clauses
The rules can vary depending on when a tenancy began. If a tenancy began before 1st October 2015, click here for the rules and regulations that apply to you.
Otherwise, it’s the rules under the Consumer Rights Act 2015.
The legal guidance issued by the Competition and Markets Authority can be found on the Government website.
It doesn’t matter if a contract has been signed, if terms aren’t fair then they’re not binding.
The ‘fairness‘ requirement always applies, whenever the tenancy began. This rule applies to landlords in the public sector too.
Terms that are 'unfair'
The law doesn’t give a comprehensive list, but it could include cases where:
- A landlord passes on one of their responsibilities to a tenant, or
- The landlord changes the tenancy without consultation or reason, or
- Demands a high payment for a tenant not meeting their obligations, or
- Suggests that a tenant can’t take legal action they’re entitled to
It also applies in cases where there’s a term that’s specific to a particular home rather than something more general.
A term can also be seen as unfair legally if notices given by landlords and tenants don’t help the relationship between a landlord and their tenant. Or there’s an attempt to put additional responsibilities on to the tenant.
If you believe you are being treated unfairly you can report it to the safer housing team below.