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Unfair terms

This content applies to England

Consumer law may provide a remedy where either the terms of a tenancy agreement are 'unfair', or where unfair trading practices have been used by a landlord or agent.

Where a tenancy contains terms that are deemed unfair, such terms may be unenforceable. A term is unfair where, contrary to the requirements of good faith, it causes a significant imbalance in the the relationship between the landlord and the tenant, to the detriment of the tenant. 

Consumer protection law can also provide redress – such as the right to damages or to a discount – for assured tenants of private landlords if they have signed up to their tenancy because of a 'prohibited practice' used by a lettings professional, such as giving misleading information.

For detailed information, see pages in the section Unfair terms and consumer law.

For information about letting agents, including their duty to belong to a redress scheme which deals with complaints, see the section Accommodation agencies.

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