The regulations contain an “indicative and non-exhaustive list” of contractual clauses that may be considered abusive. The terms quoted refer to the “consumer” and the “seller/supplier” – in the context of the leases, the consumer is the tenant and the supplier the owner. The list contains terms that cannot prevent the inclusion of abusive clauses in a lease agreement, but a lessor must be aware that just because it is included does not mean that it is applicable. The rules do not apply to the essential conditions that would be those in the event of a lease: before or at the beginning of your lease, your landlord must also give you: If you feel that your lease may contain abusive conditions, you can go to your nearest citizen`s council. An oral agreement can also be changed. The change will usually also be verbal. In the event of a dispute, proof of the amendment can be provided if: The rules on abusive clauses generally do not apply to the price and the main purpose of a contract. You cannot object to the price of the rental, but the term of your rent must be written in plain language. Have a guaranteed short-term rent, lease or license to fill – check what type of lease you have if you are not sure that a lease can normally only be changed if she and your landlord agree. If you agree to both, the change must be recorded in writing, either by the establishment of a new written document specifying the terms of the lease agreement, or by amending the existing written lease.
The tenant must be sufficiently informed of the increase, both to have sufficient time to make the money available and to decide not to accept the increase and terminate the lease. The owner must announce at least one month in advance. The rights provided by law still stand in the way of the rights stated in a written or oral agreement. An agreement that indicates that you or your landlord has fewer rights than those given under common law or law is a fictitious lease. Examples of potentially unfair concepts of rent are those that are: what an agreement means and what the lease really is may be different. For example, your landlord may say that the contract is not a lease, but an “occupancy license.” The contract may also contain information about your landlord`s repair obligations. Your landlord`s repair obligations depend on the type of lease. Check your lease – it could give you more rights than your basic rights under the law. If you are an owner or broker, we offer many types of leases, including ASTs, without unfair terms within it. You can find the documents here. The landlord is not allowed to enter the property and belonged to the tenant instead of unpaid rent. A term that allows it would be unfair.
The 1999 regulations on unfair clauses in consumer contracts provide a framework for determining whether a lease term is appropriate or not. Some terms are excluded from the fairness requirement (see below). The lease you have depends on the facts of your situation, not what your agreement says. For example, if you pay rent to a private landlord who does not live with you and you have accepted a rent of 6 months, you will probably have short-term rent (or a guaranteed short rent in Scotland). This will also be the case if your agreement says otherwise. Check the type of lease you have. Regardless of the date of the agreement, an abusive clause is not binding on a “consumer” (including a tenant) unless it is exempt from the duty of fairness. This does not prevent a tenant from relying on an abusive clause if he chooses, and the rest of the contract remains, if possible, effective. The law applies to municipalities and registered social housing providers, as well as private landlords.  Your agreement might say that you have a certain type of rent – but the type of rent you actually have might be different.