Tenant Waiver Of Liability for the United Kingdom

Tenant Waiver Of Liability Template for England and Wales

A Tenant Waiver of Liability is a legal document used in England and Wales that establishes specific circumstances where a tenant agrees to waive certain rights to hold the landlord liable for specific conditions or incidents. The document must comply with English and Welsh property law, including the Landlord and Tenant Act 1985 and the Unfair Contract Terms Act 1977. It cannot exclude liability for death, personal injury, or statutory obligations, but can address specific known risks or conditions within the property.

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What is a Tenant Waiver Of Liability?

The Tenant Waiver of Liability is commonly used in situations where specific known conditions or circumstances exist within a rental property that both parties wish to acknowledge and address. This document, governed by English and Welsh law, provides clarity on liability arrangements between landlord and tenant, while ensuring compliance with mandatory statutory obligations. The waiver typically includes detailed descriptions of the specific risks or conditions being addressed, acknowledgment of the tenant's awareness, and clear limitations on what liabilities can and cannot be waived. It serves as a supplementary document to the main tenancy agreement and must be carefully drafted to ensure enforceability within the constraints of relevant legislation.

What sections should be included in a Tenant Waiver Of Liability?

1. Parties: Identification of landlord and tenant with full legal names and addresses

2. Background: Context of the waiver, reference to main tenancy agreement

3. Definitions: Key terms used in the document including Property, Tenancy Agreement, Waived Liabilities

4. Scope of Waiver: Specific liabilities being waived, with clear limitations and exclusions

5. Statutory Rights: Confirmation that statutory rights are not affected and cannot be waived

6. Execution: Signature blocks and witness provisions for both parties

What sections are optional to include in a Tenant Waiver Of Liability?

1. Specific Risk Acknowledgment: Detailed acknowledgment of specific known risks or conditions in the property that the tenant accepts

2. Insurance Provisions: Details of insurance requirements and arrangements between parties

3. Duration: Specific time period for which the waiver remains valid if different from the tenancy term

What schedules should be included in a Tenant Waiver Of Liability?

1. Schedule 1 - Specific Risks: Detailed list of specific risks or conditions covered by the waiver

2. Schedule 2 - Property Condition Report: Documentation of property condition at time of waiver execution

3. Schedule 3 - Insurance Certificates: Copies of relevant insurance documentation and certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Release Agreement

Cost

Free to use
Industries

Landlord and Tenant Act 1985: Foundational legislation that establishes fundamental landlord obligations that cannot be waived, including requirements for property maintenance and safety standards

Unfair Contract Terms Act 1977 (UCTA): Key legislation that restricts ability to exclude liability for death or personal injury, limits enforceability of unfair terms, and requires reasonableness test for exclusion clauses

Consumer Rights Act 2015: Provides additional protections for consumer tenants, including unfair terms provisions and transparency requirements in contracts

Housing Act 2004: Establishes the Health and Safety Rating System (HHSRS) and statutory safety requirements that cannot be waived in rental agreements

Occupiers' Liability Act 1957 and 1984: Defines duties owed to visitors and trespassers, and establishes basic safety obligations that cannot be excluded from liability

Common Law Principles: Includes the reasonableness doctrine and contra proferentem rule (ambiguous terms interpreted against drafter) that affect the interpretation and enforcement of liability waivers

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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