This guidance explains why we consider some standard contract terms used in tenancy agreements to be potentially unfair under the Unfair Terms in Consumer Contracts Regulations 1999 (the Regulations). The guidance supersedes the guidance we issued on this subject in November 2001. The relationship between the Regulations and landlord and tenant law is complex, and we hope this guidance will further clarify the position. It represents our considered views and the basis on which we are likely to take enforcement action. It also offers suggestions for achieving fairness. Ultimately it is for the courts to decide whether any term is unfair.

Guidance on Unfair Contract Terms 2001 - Office of Fair Trading
Guidance on Unfair Contract Terms 2005 - Office of Fair Trading