You signed the tenancy agreement because you needed somewhere to live. You probably didn't read every clause, and your landlord probably counted on that. Some of those clauses are unenforceable. A few of them might be worth real money to you.
The Consumer Rights Act 2015 gives tenants a direct legal route to challenge contract terms that tilt the relationship too far in the landlord's favour. This isn't obscure consumer law that only solicitors know about. It applies to your tenancy agreement, right now, whether you're in month one or month thirty-six. If a clause creates a significant imbalance in your rights and obligations against the requirement of good faith, or isn't written in plain, intelligible language, a court can declare it unenforceable. The Consumer Rights Act applies across England and Wales, but the housing-specific rules in this guide (the Renters' Rights Act 2025, the Tenant Fees Act 2019 and the fitness standard) are England's, and Wales has its own regime under the Renting Homes (Wales) Act 2016.
This article covers the clauses that come up most often, which remedies are available to you, and how to pursue them without spending more than the clause is worth.
What makes a tenancy clause unfair under the Consumer Rights Act 2015
The Consumer Rights Act 2015 replaced the older Unfair Terms in Consumer Contracts Regulations 1999, but the core test stayed the same. A term is unfair if it creates a significant imbalance in the parties' rights and obligations, to the detriment of the consumer, against the requirement of good faith. Unlike the old 1999 rules, this test applies whether or not the clause was individually negotiated.
Put simply: if the clause gives your landlord broad powers while stripping away your protections, it probably fails the test.
The Act also requires that terms be written in plain, intelligible language. Clauses buried in dense legal text, or written in ways that make it genuinely hard to understand what you're agreeing to, can be challenged on transparency grounds alone.
There's an important carve-out. The 'core terms' of a contract, meaning the rent amount and the main description of the property, can't be assessed for fairness as long as they're transparent and prominent. Everything else is fair game.
One clause that keeps appearing in tribunal claims is the 'professional cleaning' obligation. Many tenancy agreements require tenants to return the property in a 'professionally cleaned' condition regardless of its state at move-in. The Competition and Markets Authority has flagged this type of clause as potentially unfair, and it contradicts the Tenant Fees Act 2019, which prohibits landlords from charging fees not permitted by the Act. If your agreement contains a blanket professional cleaning requirement with a financial penalty attached, that clause is almost certainly unenforceable.
Which clauses are typically unenforceable in UK tenancy agreements
Not every unfair-sounding clause is legally unfair. Courts look at the contract as a whole, the circumstances of the agreement, and how the clause actually operates. That said, certain categories of terms appear repeatedly in tribunal decisions and legal guidance.
Clauses that restrict your right to repairs. Landlords have statutory obligations under the Landlord and Tenant Act 1985 to keep the structure, exterior, and essential services in repair. Any clause that tries to transfer those obligations to the tenant, or that limits the landlord's liability for disrepair, is almost certainly unenforceable. The property still has to be fit for human habitation under the Homes (Fitness for Human Habitation) Act 2018, regardless of what the contract says.
Excessive deposit deduction clauses. Clauses that give landlords blanket authority to deduct for 'any damage' without specifying a process or referencing fair wear and tear create an imbalance the Act is designed to address.
Rent review clauses without notice or process. A clause allowing your landlord to increase rent at will, with no notice period or challenge mechanism, is likely unfair. The Renters' Rights Act 2025, which came into effect on 1 May 2026, now governs how rent increases must be handled through the formal Section 13 process. A contractual clause that bypasses this is likely both unfair and unenforceable.
No-pet clauses written as absolute prohibitions. From May 2026, landlords can only refuse a pet request on reasonable grounds. A clause that bans pets outright, with no mechanism for a tenant to request permission, may now conflict with statute.
Clauses permitting landlord entry without notice. You have a right to quiet enjoyment. A clause giving your landlord the right to enter whenever they want, without the standard 24 hours' notice, conflicts with that right and is unenforceable.
If any of these sound familiar, keep reading.
What remedies are available when a clause is unfair
The primary remedy under the Consumer Rights Act 2015 is that the unfair term simply doesn't bind you. You can ignore it. If your landlord tries to enforce it, you can defend yourself by pointing to the Act.
But 'ignoring a clause' only works if you're prepared to back it up. Here's what that looks like in practice.
Raise it formally with your landlord first. Write a letter citing the Consumer Rights Act 2015 and specifying which clause you're challenging and why. This creates a paper trail and sometimes resolves things without escalation.
Take it to the county court. The county court is where a clause is declared unenforceable under the Consumer Rights Act 2015, either in a claim you bring or as a defence if your landlord sues you. If the unfair clause has already cost you money, an unlawful deposit deduction or a penalty fee, you claim that back here too. The small claims track handles disputes up to £10,000 and is designed to be used without a solicitor.
Use the First-tier Tribunal (Property Chamber) where it fits. The tribunal handles specific matters rather than general unfair-terms rulings, most relevantly a rent-increase challenge on Form MR1 (which carries a tribunal fee, so check the current amount on GOV.UK), and deposit or licensing questions in some cases.
Report to the Competition and Markets Authority. The CMA has published its revised guidance on unfair contract terms in consumer contracts, and it can now decide breaches of consumer protection law and impose fines directly rather than having to go to court. This won't get your money back directly, but it creates pressure and can lead to industry-wide change.
Use consumer protection law as a parallel route. Since 6 April 2025 the Digital Markets, Competition and Consumers Act 2024 defines misleading and aggressive practices by traders. The retained provisions of the Consumer Protection from Unfair Trading Regulations 2008 still give you the right to unwind the contract or claim damages for a misleading action or an aggressive practice.
How to challenge an unfair clause step by step
Read the process wrong and you'll waste time. Here's the order that works.
Step 1. Identify the clause and name the problem precisely. 'This feels unfair' won't get you far. You need to say something like 'Clause 14 requires professional cleaning regardless of the property's condition at move-in, which creates a significant imbalance contrary to s.62 of the Consumer Rights Act 2015 and conflicts with the Tenant Fees Act 2019.' The more specific you are, the harder it is for a landlord or tribunal to dismiss you.
Step 2. Gather evidence. Your signed tenancy agreement is the starting point. Also collect your inventory report, any communications with your landlord about the clause, and photographs of the property's condition. If you're challenging a rent review clause, keep copies of every rent increase notice you've received.
Step 3. Send a formal letter before action. Give your landlord 14 days to respond or remedy the issue. This is a legal requirement before most court claims and a sign of good faith before tribunal proceedings.
Step 4. File with the court or tribunal if there's no resolution. A general unfair-terms claim, or your defence to one, goes to the county court. The First-tier Tribunal (Property Chamber) handles specific matters such as a rent-increase challenge on Form MR1 (formerly Rents 1). For deposit deductions under an unfair clause, a deposit scheme adjudicator may be the faster route.
Step 5. Prepare your bundle. Tribunal submissions need to be organised, covering the agreement, correspondence, evidence, and your legal argument. A disorganised bundle loses cases that should be won.
Does the Renters' Rights Act 2025 change anything about unfair terms
The Renters' Rights Act 2025, in force from 1 May 2026, doesn't directly replace the Consumer Rights Act 2015 framework. The two pieces of legislation work alongside each other.
What the Renters' Rights Act does is tighten the statutory baseline, which means more clauses in existing tenancy agreements now conflict with statute, making them easier to challenge.
The abolition of assured shorthold tenancies and the move to periodic tenancies means any fixed-term clause that attempted to lock tenants in with financial penalties for leaving early now operates in a different legal context. Any clause that tried to replicate the effect of a Section 21 eviction notice, or that gave landlords rights to end the tenancy outside the new statutory grounds, is now unenforceable.
Rent control clauses in agreements that bypass the Section 13 notice process are also affected. Under the new regime, landlords must use Section 13 to raise rent, and tenants can challenge increases at the tribunal. A contractual clause that tries to impose a different, less protective process conflicts directly with the statute.
The Renters' Rights Act also codifies the right to request a pet, as noted above. Any absolute no-pet clause is now legally weaker than it was before May 2026.
So if you signed a tenancy agreement more than a year ago and you're facing pressure from a clause in it, review that clause against both the Consumer Rights Act 2015 and the Renters' Rights Act 2025. The legal position has shifted in your favour.
When your landlord uses an unfair clause to withhold your deposit
Deposit disputes are where unfair clause challenges become most financially concrete. The average deposit in London runs to several thousand pounds. A landlord who uses an unenforceable 'professional cleaning' or 'damage restoration' clause to justify withholding part or all of that deposit is often also in breach of the deposit protection rules.
If your deposit was protected in an approved scheme, such as the Deposit Protection Service, MyDeposits, or the Tenancy Deposit Scheme, the adjudicator will not uphold a deduction based on an unenforceable clause. Submit the tenancy agreement, your move-in inventory, and your move-out photographs. Point to the clause. Argue that it's unenforceable under the Consumer Rights Act 2015. Adjudication is free and usually resolves within 28 days.
If your deposit wasn't protected at all, your remedies are stronger. Under Section 214 of the Housing Act 2004, you can claim compensation of one to three times the deposit amount, on top of getting the deposit back. A £1,500 deposit that was never protected could generate a claim of up to £4,500 plus the original £1,500.
Unfair clauses don't enforce themselves. Your landlord has to invoke them, and when they do, you have a legal basis to push back. The Consumer Rights Act 2015 has been on the books for a decade, but most tenants don't use it because they don't know they can.
If a clause in your agreement is being used against you, Remedy can check it against the fairness test and tell you whether it holds up, before you accept a deduction or a charge.
