ABSTRACT
This chapter addresses some of the principal criticisms of 'soft' consumerist regulation of the private rented sector (PRS). It focuses on the 'core' provisions of the Unfair Terms in Consumer Contracts Regulations, their theoretical impact on tenancy agreements and the likely practical impact on tenancy agreements. The chapter examines what appears to be meant by 'not individually negotiated' in the regulations. It analyses some of the terms modified or deleted by the Office of Fair Trading (OFT) in the tenancy agreement of the only commercial provider of student accommodation whose agreement has been under OFT investigation. The chapter recognizes that sales of private houses are most often effected between consumers, rather than between a consumer and a trader. Landlords and tenants clearly fit the respective 'seller or supplier' and 'consumer' definitions. The landlord currently provides 4,062 bedspaces for university students, with other developments currently in the pipeline.
