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Implied Terms in Tenancy Agreements

2.2 Implied Terms in Tenancy Agreements

Implied terms are those that are considered to be part of a legal lease,
tenancy agreement and/or licence even though they are not actually
written down in that document. Implied terms can arise from common law
and/or statute.

Note: any attempts to evade statutory or common law rights and
responsibilities by way of any standard term in the tenancy agreement,
may result in the relevant term being found void under the Unfair Terms
in Consumer Contracts Regulations 1999. Examples might include clauses
requiring rent to be paid without set-off (as this would be an attempt to
exclude the tenant’s common law right to set off against the rent any debt
owed to the tenant by the landlord) or a clause requiring the tenant to
be responsible for repairs to the gas appliances (as this is the landlord’s
statutory responsibility).