It is a contract between you and your landlord that defines your rights and obligations while you lease the property. Your rights depend on the type of rental you have. If you are not sure what type of lease you have our online rental checks to find out. If you`re not sure yet, you can ask a counsellor. This page contains technical information on the different types of rental contracts and related issues for people with mental disabilities. Unfair clauses are not legally binding. If you feel that your agreement contains unfair terms or that your landlord cares about something you feel is unfair, ask an advisor to review the agreement for you. The competition authority has provided guidelines to companies on abusive contractual clauses. The main difference between a lease and a licence is that a license generally offers less protection against forced eviction. A rental agreement gives you the legal right to live in a particular property while a license gives you personal permission to live there. Before signing a tenancy agreement, a tenant should read the agreement carefully and verify that the agreements cannot deprive tenants or licensees of the rights granted by Parliament, even if the text of an agreement says otherwise. For example, Section 11 of the Landlord and Tenant Act 1985 provides the landlord with certain repair obligations that cannot be undone by the inclusion of the obligation on the tenant in the wording of the tenancy agreement.
If there is evidence (verbal or not) that a clause in an agreement should never be valid, the evidence may replace the written agreement to determine whether the agreement is a lease or a license. In some cases, the occupiers signed agreements stipulating that they would allow the landlord to share their home or place other occupants in their homes: these were often called into question on the grounds that the conditions should not be effective and that they were simply false means to avoid the creation of a lease agreement.  However, if there is a written agreement, it will always provide good first evidence of what was intended and the burden of proof will always fall on the person who wants to overturn the provisions of a written agreement. Many landlords use standard leases that already set these conditions. The terms of a tenancy agreement (or licensing agreement) can be negotiated between the lessor and the potential tenant, but in practice, the tenant may not have much leeway to negotiate advantageous terms. If a person is unable to sign a rental agreement, anyone who intends to sign the agreement on behalf of the person can only do so with the permission of the Court.  This occurs especially when an adult with learning disabilities is transferred from the hospital or nursing home to assisted accommodation facilities in the Community. As a general rule, the jurisdiction of the Court of Justice must also be sought as part of the signing of an agreement to terminate the lease. The Safeguarding Tribunal has issued guidelines for granting an application for leave in these circumstances. If your landlord uses the Scottish Government rental model, they should also give you the “Easy Read Notes” which explain the rental conditions in plain English.