Contracting out of the duty to meet the repairing standard

The tenant must give her/his consent before such an order will be granted. [1]

If such a court order has not been granted, the terms of a tenancy agreement will not be enforceable if they:

• require the tenant to carry out or contribute to the cost of any work required to bring the property up to the repairing standard

• exclude or limit the landlord's duty to repair and maintain the property to the repairing standard

• state that the tenancy can be ended or that penalty will be imposed on the tenant if s/he attempts to force the landlord to comply with her/his duty to ensure that the property meets the repairing standard. [2]