As a tenant, it is crucial to understand the terms and conditions of your tenancy agreement. However, circumstances arise where tenants may find themselves questioning whether their tenancy agreement is void or not. In this article, we will explore more about what can render your tenancy agreement void and what steps you can take in such circumstances.
What makes a tenancy agreement void?
A tenancy agreement can be rendered void in cases where it contravenes statutory laws. A tenancy agreement can also be void if it does not comply with the terms of the Housing Act 1988. Additionally, if a tenant signs a tenancy agreement when they are under duress or influence, that agreement can also be void.
Cases where a tenancy agreement is void
The following are circumstances where a tenancy agreement can become void:
1. Unlawful clauses
If there are any clauses that contravene statutory laws, your tenancy agreement can be considered void. For instance, an eviction clause that gives a landlord the power to evict a tenant without following the legal processes stated in the Housing Act 1988 would be unlawful.
2. Failure to follow the Housing Act 1988
The Housing Act 1988 provides guidelines on the procedures that must be followed in a tenancy agreement. If the agreement does not comply with the guidelines, it can be considered void.
3. Duress or influence
If a tenant is coerced into signing a tenancy agreement or is under the influence of drugs or alcohol when signing the agreement, that agreement can be voided.
What should tenants do if they suspect their tenancy agreement is void?
If you suspect that your tenancy agreement is void, it is essential to seek professional legal advice from a qualified housing solicitor. Your solicitor will evaluate the agreement and determine if it is voided.
In cases where the agreement is voided, the tenant can take legal action against the landlord. This can include claims for rent overpayments, damage to property, or compensation for any inconvenience caused.
In conclusion, it is essential to understand the terms and conditions of your tenancy agreement as a tenant. If you suspect that your agreement is void, seek professional legal advice immediately. Remember, a voided agreement can have significant implications on your tenancy, finances, and rights as a tenant.