If you are renting through Rent Now the Landlord can add extra terms by way of a custom clause at the end of the contract. Custom clauses are not checked by OpenRent. If your landlord has included a custom clause that is different from what was previously agreed, for instance if they have changed the amount of rent payable or the move-in date or they have added an unfair term (see below), then you should first contact the landlord and try to agree to an amicable solution.
If the Landlord refuses to amend or remove the term then you are under no obligation to sign the tenancy agreement. Depending on the nature of the extra term you may be entitled to have your holding deposit returned to you.
Unfair terms
The Landlord cannot include terms in the contract that are unfair. The legislative framework for this set out in the the Consumer Rights Act 2015 which replaced the Unfair Terms in Consumer Contracts Regulations 1999. A term is unfair if it creates a substantial imbalance in the rights and obligations between the Landlord and Tenant in favour of the Landlord.
All terms of a written tenancy agreement must be transparent - this means they must be in plain and intelligible language. Any written term should be interpreted in a way that is favourable to the tenant where its meaning is not clear.
The following are some examples of tenancy terms that are potentially unfair:
- Requiring payment of rent even if the property becomes uninhabitable, for example destroyed by fire
- Forcing the tenant to pay the landlord's costs in a court case which the landlord has lost and the tenant has won
- Attempt to limit the tenant's right to terminate the tenancy beyond what is permitted (see here for tenants rights to terminate the contract)
- Attempt to allow the Landlord to terminate the Contract beyond what is permitted (see here for Landlords rights to terminate the contract)
- Giving the landlord excessive rights of entry. The tenant has a right to quiet enjoyment of the property (please see here for more information on this)
- Terms that contradict other terms in the tenancy agreement
If you sign a contract that includes unfair terms, the contract itself will likely still be enforceable, even if the unfair term itself is not.
Information on this site is by way of general guidance only and may not apply in your particular circumstances. You should not act or refrain from acting upon information on this site without seeking independent legal advice.