Law Degree Journal

Tenancy agreements are important documents that help to protect legal rights and identify responsibilities of both parties – the lodger and the landlord. However, since the situation has arisen where the landlord’s lawyer or estate agent puts the agreement together, tenant can often find himself in a difficult situation.

The best answer is to give yourself a fundamental legal tutoring by studying some agreement examples. It can be an excellent idea to download a few examples of agreements from the internet and make oneself acquainted with judicial terms used in similar documents.

What if Tenancy Agreement Contains Unfair Terms

Occasionally tenancy agreements may include doubtful clauses that can be misinterpreted by a landlord to gain advantage over the renter. It is extremely important for a lodger to understand the small print at the bottom of the document and make sure that each term listed is correctly understood.

Some property-owners include unfair clauses either by accident, out of lack of knowledge or in anticipation that the tenant would “bite” on it.

* One of the most popular reasons of arguments is repairs arrangements. A tenant cannot be held responsible for maintenance of things and household appliances that are incorporated into the inventory list but for the occasions when damage was directly originated through actions of a lodger.

* In many cases unfair terms concern rental engagements. If it makes you shell out an excessive penalty or interest rate on delayed payments of rent, be anxious.

* Quiet enjoyment is an additional important clause that is every so often unlawfully changed by a property owner. A landlord is not authorized to enter the home during tenancy lacking a reasonable notice unless it is an urgent situation.

It is fairly easy to recognize unreasonable clauses – just employ your common sense and be aware to details that seem unreasonable.

If you believe that there are unfair conditions in your contract, the golden rule is to not sign it under any circumstances. Unfortunately sometimes tenants find out about unfair terms just after the problem has already happened. In that situation you can look for assistance by contacting your neighbouring Citizen Advice bureau or calling Consumer Direct.

Say it in Plain Language, please!

Things have lately changed in support of tenants. Consumer Contracts directive guards people from unfair terms found in their tenancy agreements. It is also a general practice for modern landlords to use legal papers written in plain English language. Legal terminology and long-winded knotty sentences make life more difficult and cannot help establishing trust and responsive attitude between involving parties.

Documents written in plain language containing understandable and rational terms point out that the landlord is following the changes in legislation scheme and is showing care to respect the rights and welfare of a tenant. If the property is being let fully or partially furnished, it is essential that an inventory list is added to the contract. Correct records help to insure that both parties will gain from the tenancy.

Many landlords have erroneous clauses on their agreements because they are using old-fashioned documentation. Tenancy agreements should in the same way recognize the rights of mutual parties, that’s why it is very important to get hold of the most recent version of agreement. The legislation behind housing is changing constantly.

The government and local system keep adding new requirements. Landlords and estate agents must make sure they are using only fresh and professionally written documents for the sake of their own legal protection and to offer the tenant fair treatment.

If you would like to download samples, visit tenancy agreements for the most up-to-date version. Also be sure you look for tenancy advice if you think that your contract might contain some unfair terms.