The Unfair Terms in Consumer Contracts Regulations 1999 (The Regulations) provide protection to Tenants with regard to the terms of the tenancy agreement. The Regulations state that any terms deemed to be unfair will be held to be unenforceable as against the Tenant.
In order for the terms of the tenancy agreement to be deemed fair and therefore to meet the requirements as set out by the Regulations, the following must be adhered to:
Some examples of unfair terms include the following:
Where the Tenant feels that there are terms of the tenancy agreement that are unfair, the Tenant may approach the courts to obtain an order to such effect. This will result in the said terms being declared invalid and unenforceable. However, this does not affect the remaining terms of the tenancy agreement, which will remain valid and in force.