Implied Terms in Tenancy Agreements

Implied terms are considered part of a legal lease, tenancy agreement, and licence, even though they are not written down. Implied terms can arise from common law and 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 part of the Consumer Rights Act 2015. Examples might include a clause 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 term requiring the tenant to be responsible for repairs to the gas appliances (as this is the landlord's statutory responsibility).