Implied terms in tenancy agreements

Implied terms are those terms that are incorporated within a legal lease, tenancy agreement and/or licence even if the parties, landlord and/or tenant, did not express them (for example in an oral contract) or because the law requires them to be implied whether the parties intended them to be implied or not. Implied terms can arise from either common law and/or statute.

Implied terms are those terms that are incorporated within a legal lease, tenancy agreement and/or licence even if the parties, landlord and/or tenant, did not express them (for example in an oral contract) or because the law requires them to be implied whether the parties intended them to be implied or not. Implied terms can arise from either common law and/or statute.

Note: any attempts to evade statutory and common law repairing responsibilities by way of including a contract term in the tenancy agreement, will normally result in the relevant term being found void under the Unfair Terms in Consumer Contracts Regulations 1999. For example, terms requiring the tenant to be responsible for repairs to the gas appliances; or any 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).