Tenancy Agreements: Statute versus Individual Clauses

Belvoir Lettings use a tenancy agreement which is up to date with the latest rules and regulations. However if you use your own tenancy agreement, it’s important to be aware that you can’t just create or add your own clauses. This is because across Scotland, England and Wales and Northern Ireland there are rules which a landlord has to abide by which are laid down in common law or statute and these override individual clauses.

Some agreements and changes landlords make can contradict these laws. For example, a landlord may have a term to say the property is reserved ‘as seen’ without any alterations or repairs once the tenant is in the property. However, under statute landlords have a repairing responsibility so this would be considered an ‘unfair term’ and unenforceable.

Another example is a term which states the landlord can access the property without notice. In reality if a tenant rents the property, under statute they have a right to privacy, so this term would be considered unfair too, instead by law, the agreement must give a time frame such as 24 hours’ notice and state the reason for entering the property.

Not sure if your tenancy agreement is up to date? Contact your local Belvoir Office.