I wasn`t sure that a judge could launch my contract with a wink if it wasn`t “fair and reasonable.” These “free” rentals are not so free if you are sued by your tenants! Appendix 2 of the Consumer Rights Act 2015 contains an indicative list (the “grey list”) of contractual clauses that, in certain circumstances, may be considered abusive. They are in many ways similar to the “indicative list” of the 1999 regulation revision clauses for contracts concluded before October 1, 2015. Our turnover exceeds R2 million and we are therefore not consumers protected by the Consumer Protection Act (CPA). However, we see no reason not to have the same protection that you legally have to give to small organizations. Please either submit your complaint to the CPA or send us the version of the agreement that complies with the CPA and asks smaller organizations to sign. All contracts are considered a “standard form contract” unless there is evidence to the contrary. A number of factors can be inferred from the fact that a lease is not the norm in form, whose difficult lesson I learned was that a real lease is both fair and reasonable. Under the Consumer Rights Act, the definition of an abusive clause remains the same as the unfair clauses contained in contracts with consumers in 1999. If the tenancy agreement allows the landlord to enter the property without the tenant`s consent, except for a good reason (z.B. in case of emergency or to the property inspected with reasonable announcement), the clause may be unfair.
In this scenario, the tenant was given the responsibility of demanding repayment of the deposit within 360 days of the termination of the tenancy agreement, which, if not respected, would lead to the forfeiture of the deposit. This did not help that the lease itself did not provide for the request for payment at all. An abusive clause is a clause in a consumer contract that results in a significant imbalance in the rights and obligations of the parties arising from the contract to the detriment of the consumer. If you feel that your rental agreement may contain abusive conditions, you can go to your nearest citizen council. The CMA has developed a product flow diagram, which aims to provide a simplified overview of the abusive clause provisions in the corresponding part of the Consumer Rights Act 2015. If you are an owner who would like help checking out any of the above points, call the JHK team on 03 9927 3600. Other lease provisions still in effect are:  Effective October 1, 2015, the Consumer Rights Act 2015 replaced the unfair clauses of the 1999 Consumer Contracts Regulation to create a new legal framework for abusive contractual clauses. The provisions of the Consumer Protection Act apply to all leases that will begin on October 1, 2015. The provisions also apply when a futures lease initiated before that date has been extended, even though it has become a statutory term lease.
 A less ruthless owner may contain unfair clauses, knowing that they are probably null and void. If the tenant does not have time to lose abusive conditions or is unwilling to challenge them, the landlord will likely follow his own path. Thus, the lessor is even more responsible for taking into account all aspects of his lease, including examples of potentially unfair rental conditions are the most common examples of inappropriate rental clauses: when a tenant feels unjustly treated or exploited, he behaves like an injured animal, pushed into a corner.