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Implied terms in tenancy agreements

Implied terms are those that are incorporated within a legal lease, tenancy agreement and/or licence unless otherwise agreed by the landlord and tenant. Implied terms can arise from either common law and/or statute. The terms may be implied because 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.

Note: any attempts to evade statutory and common law repairing responsibilities by way of any 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, any clauses requiring rent to be paid without set-off (as this would be an attempt to exclude the tenantís common law right to set-off), or terms requiring the tenant to be responsible for repairs to the gas appliances.

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