The Consumer Rights Act Tenancy Agreement: What You Need to Know
If you`re renting a property, you`ll be familiar with the tenancy agreement – a contract that lays out the terms and conditions of your tenancy. But did you know that the Consumer Rights Act applies to tenancy agreements as well as goods and services?
Here`s what you need to know about the Consumer Rights Act and how it applies to your tenancy agreement.
What is the Consumer Rights Act?
The Consumer Rights Act 2015 came into force on 1 October 2015. It replaced three separate pieces of legislation – the Sale of Goods Act, the Supply of Goods and Services Act, and the Unfair Terms in Consumer Contracts Regulations – and simplified and updated consumer law in the UK.
The Act applies to anyone who buys goods or services, or enters into a contract for goods or services, as a consumer – in other words, someone who is not acting in the course of a business. This includes tenancy agreements.
What does the Consumer Rights Act mean for tenancy agreements?
The Consumer Rights Act means that your tenancy agreement must be fair, transparent and easy to understand. It also includes a number of specific provisions that apply to tenancy agreements, including:
– The right to challenge unfair contract terms: If a term in your tenancy agreement is unfair, it may be unenforceable. Unfair terms include those that are hidden or in small print, those that give the landlord too much power, and those that are not in plain, intelligible language. If you think a term in your tenancy agreement is unfair, you can challenge it under the Act.
– The right to a repair: Your landlord has a legal responsibility to ensure that your property is kept in a good state of repair. Under the Act, you have the right to request repairs to be carried out in a reasonable time frame. Your landlord cannot pass any responsibility for repairs onto you, unless it is stated in your tenancy agreement.
– The right to a safe property: Your landlord has a duty to ensure that your property is safe to live in. This includes ensuring that any gas and electrical equipment is safe and free from danger. The Act also makes it clear that your landlord cannot refuse to carry out repairs that are necessary for your safety.
What should you look for in your tenancy agreement to ensure it complies with the Consumer Rights Act?
To ensure that your tenancy agreement complies with the Consumer Rights Act, you should look out for the following:
– Clear and concise language: Your tenancy agreement should be written in plain, intelligible language that is easy to understand.
– Clarity around fees: Any fees that you may be charged should be clearly outlined in your tenancy agreement, including what they are for and how much they will be.
– A fair break clause: If your tenancy agreement includes a break clause, it should be fair and reasonable. This means that it should allow you to end your tenancy without penalty after a reasonable period of time.
– A clear dispute resolution process: Your tenancy agreement should include a clear process for resolving disputes that may arise during your tenancy.
– The right to a repair: Your tenancy agreement should outline your rights around repairs, including the landlord`s responsibility to carry out repairs and your ability to request repairs.
In conclusion, the Consumer Rights Act applies to tenancy agreements and provides tenants with important protections. When signing a tenancy agreement, it`s important to carefully review it to ensure that it complies with the Act and protects your rights as a consumer.