What are the “additional terms” in a tenancy agreement?
They’re the extra conditions a landlord adds to the standard agreement. Many are ordinary, like rules about smoking or pets. Some are unusual or one-sided, and those are worth asking about before you sign.
Why they matter
Most tenancy agreements start from a standard form, and the standard parts are much the same everywhere. The additional terms are where each landlord writes their own rules, so that’s where the surprises usually are.
Tenancy Services says landlords can add conditions that are reasonable and consistent with the Residential Tenancies Act. It also says tenants can’t sign away their rights under the Act, and that a landlord can’t enforce what’s outside the law.
Terms that are usually fine
Tenancy Services gives examples of conditions a landlord can generally add, such as:
- no smoking indoors;
- no subletting;
- a limit on how many people live there;
- where cars can be parked;
- rules about pets.
Even these are worth reading closely. “No pets” and “pets by arrangement” are very different if you have a cat.
Terms worth a question
Tenancy Services also lists examples of clauses it says can’t be enforced because they conflict with the Act, including:
- requiring professional carpet cleaning at the end of the tenancy;
- making the tenant replace things like stove elements, fuses or tap washers;
- banning visitors, or parties, without the landlord’s permission;
- making the tenant pay fixed water charges;
- making the tenant install smoke alarms.
See Tenancy Services’ full list, which also covers notice periods and rent increases.
Other clauses aren’t on any list but are still worth asking about: anything that makes you responsible for things a landlord usually looks after, that lets the landlord decide what you owe, or that seems to give up a right you’d expect to have.
What to do before you sign
- Ask about it. Something like “What does clause 14 mean in practice?” is a fair question, and the answer often tells you a lot about the landlord.
- Ask for it to be changed or removed if it doesn’t work for you. Landlords often agree, especially to wording that’s just been copied from an old template.
- Get any change on the agreement itself, initialled by both of you, and keep the emails.
- Get advice if you’re unsure. Tenancy Services, Community Law and Citizens Advice are free.
Check yours in about a minute. Flatwise reads the whole agreement, additional terms included, and points out the clauses worth asking about, with a question to ask for each.
Check your agreement