Tenancy agreements are classed as consumer contracts, so they are covered by the Unfair Terms in Consumer Contracts Regulations 1999. These regulations protect you from terms that give the landlord an unfair advantage.
What is an unfair term
A term may be considered unfair if it:
- creates a significant imbalance between your rights and your landlord’s, and
- puts you at a clear disadvantage
If a term is found to be unfair, it may not be legally enforceable.
You can read the UK Government’s official guidance on how unfair terms are assessed.
What you can do if you believe a term is unfair
If, after reviewing the guidance, you still believe a term in your tenancy agreement is unfair, you have three main options:
1. Contact Trading Standards
Your local Trading Standards service may be able to:
- advise whether the term breaches consumer protection laws
- refer the matter to the Financial Conduct Authority (FCA) if appropriate
2. Refer the term to the Financial Conduct Authority
You can report the potentially unfair term directly to the FCA. However:
- the FCA may not take on every case
- in some instances, the only way to get a definitive ruling on whether a term is unfair is to test it in court
3. Get support from a local advice centre
If you’re unsure how to proceed or don’t feel confident dealing with it alone, a local advice centre can:
- review your tenancy agreement
- explain your options
- help you take further action if necessary