Unfair Tenancy Agreement Clauses: What's Unenforceable

The Consumer Rights Act 2015 is the main legal framework. It says a term is unfair if it creates a significant imbalance in the parties' rights and obligations to the detriment of the consumer, which in a tenancy context means you, the tenant. Unfair terms are automatically void. The rest of the agreement stays in force.

Two conditions compound unfairness. First, the term must not be transparent: written in plain, intelligible language and brought to your attention before you sign. Second, it must not contradict rights you hold by statute. A clause that waives your right to 24 hours' notice before a landlord visit contradicts Section 11 of the Landlord and Tenant Act 1985 and your right to quiet enjoyment. It is void regardless of what the contract says.

The Renters' Rights Act 2025, in force from 1 May 2026, has made more clauses unenforceable. Fixed-term end dates, contractual rent reviews that bypass the Section 13 procedure, and blanket no-pets policies no longer carry legal weight. Landlords who continue using prohibited clauses after 31 May 2026, when they were required to issue tenants an updated information sheet, face civil penalties up to £7,000.

If a clause tries to take away a right the law gives you, or charge you money the Tenant Fees Act bans, it is void.

These are the clauses that appear regularly in tenancy agreements and are routinely challenged or quietly dropped when a tenant knows their position.

Professional cleaning requirements. A clause requiring professional cleaning at the end of the tenancy, regardless of the property's condition at move-in, is unenforceable. Your obligation is to return the property in the same condition it was given to you, adjusted for fair wear and tear. If the landlord didn't provide a professionally cleaned property on day one, they cannot require one on your last day. See our guide on whether your landlord can charge you for cleaning for the full breakdown.

Admin, referencing, and renewal fees. The Tenant Fees Act 2019 bans almost all fees charged to tenants outside of rent, the permitted deposit, a holding deposit, and a handful of default charges. A clause charging £75 for referencing, £50 for an inventory fee, or £100 for a contract renewal is prohibited. Paying it doesn't mean you agreed to it; you can claim it back.

Blanket no-pets clauses. From May 2026, landlords cannot unreasonably refuse a tenant's request to keep a pet. A flat contractual prohibition no longer overrides your right to request permission under the Renters' Rights Act 2025. Landlords can still decline, but only on reasonable grounds. Read more on your right to keep a pet from May 2026.

Unrestricted landlord entry. Landlords must give at least 24 hours' written notice before entering a property except in genuine emergencies. A clause saying the landlord may enter at any time for inspections, or with shorter notice, directly contradicts your right to quiet enjoyment and is void. More detail is in our article on landlord entry without notice in England.

Tenant liability for landlord repairs. Section 11 of the Landlord and Tenant Act 1985 places the obligation for structural repairs, plumbing, heating, and sanitation on the landlord. A clause that passes these costs to the tenant is unenforceable. You cannot contract out of Section 11.

Clauses excluding landlord liability. A term saying the landlord is not responsible for personal injury or property damage caused by their own negligence is void under both the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015.

Some tenancy agreements include a rent review clause that allows the landlord to increase rent by a set percentage each year, or at their discretion, without following the statutory Section 13 procedure. Since 1 May 2026, these clauses are unenforceable in England.

Under the Renters' Rights Act 2025, landlords can only increase rent using a formal Section 13 notice, with at least two months' written notice and no more than one increase per year. Any contractual mechanism that tries to shortcut this process, such as a clause permitting a rent increase by email agreement or automatic uplift tied to an index without proper notice, cannot override the statutory route.

If your landlord sends you a rent increase that does not follow the Section 13 procedure, you can challenge it. You have the right to refer the increase to the First-tier Tribunal (Property Chamber), which will determine what the market rent should be. Our guide to how to challenge an unlawful rent increase in the UK covers the step-by-step process.

Finding an unfair clause in your agreement is one thing. Getting it removed or ignored is another. Here is how to approach it.

Start by writing to your landlord or letting agent. Set out which clause you believe is unenforceable, state the legal basis (Consumer Rights Act 2015, Tenant Fees Act 2019, or the specific statutory provision it contradicts), and ask them to confirm in writing that they will not seek to enforce it. Many landlords back down at this stage, especially if the clause is a standard template term they have not thought carefully about.

If your landlord refuses or ignores you, report the matter to your local authority's Trading Standards team. They have enforcement powers under the Consumer Rights Act 2015 and can act against landlords and agents using unfair terms systematically.

For deposit deductions based on an unenforceable clause, use your deposit protection scheme's dispute resolution process. The scheme adjudicator will apply the same legal standards and will typically reject claims based on clauses that breach the Tenant Fees Act 2019 or impose obligations beyond what the law allows.

If the dispute escalates, the First-tier Tribunal (Property Chamber) can determine whether a clause is enforceable. In some cases, you may also apply to the county court using form N244 to prevent a landlord from enforcing a specific term.

Shelter and Citizens Advice both provide free initial guidance and can help you identify whether a clause crosses the line. For a more structured approach, Remedy can analyse your tenancy agreement directly: upload your PDF or document and Remedy's AI will identify potentially unfair or unenforceable terms, flag the relevant legislation, and help you draft a formal letter to your landlord. The assessment is free with no card required.

Most tenants worry about this unnecessarily. If a term in your tenancy agreement is unenforceable, the rest of the agreement remains intact. Voiding one clause does not give your landlord grounds to end the tenancy, and it does not give you grounds to leave without notice.

The Consumer Rights Act 2015 is clear on this. A contract that contains an unfair term continues to bind both parties in all other respects, as long as it is capable of continuing in existence without the unfair term. In practice, removing a clause saying you must pay for professional cleaning, or one saying the landlord can enter without notice, leaves everything else in the agreement unchanged.

This also means you do not need to renegotiate the whole contract to deal with one bad clause. Identify the specific term, confirm it is void, and proceed on that basis. If your landlord later tries to enforce it, the tribunal or court will not assist them.

The most common place unenforceable clauses cause real financial harm is at the end of a tenancy, when a landlord makes deposit deductions for things the contract requires but the law does not.

A landlord cannot deduct for professional cleaning if the property was not professionally cleaned at move-in. They cannot deduct for repairs that are their legal responsibility. They cannot charge administrative fees disguised as deposit deductions. And if they have not protected your deposit in a government-approved scheme within 30 days, they face a penalty of one to three times the deposit amount under the Housing Act 2004, before you even get to the question of deductions.

If your landlord has withheld money on the basis of an unenforceable clause, you have several options. Use the dispute resolution service provided by your deposit protection scheme, which will apply standard legal tests and is free to use. Send a letter before action setting out why the deduction is unlawful. Or, if the amount warrants it, make a claim through the county court.

Our article on deposit protection violations and compensation covers the full range of deposit-related claims. If you also suspect the deposit was never protected, our guide on what to do if your landlord didn't protect your deposit within 30 days sets out how to claim the penalty.

The Renters' Rights Act 2025 has introduced a civil penalty framework that gives local councils the power to fine landlords directly for using now-prohibited terms.

For most breaches, including continuing to use clauses that contradict the new statutory framework, the fine is up to £7,000. For more serious violations, such as reletting a property within the restricted 12-month window after a possession order on a 'no-fault' ground, or knowingly using an invalid possession ground, the fine rises to £40,000.

Landlords were also required to issue every tenant with an official information sheet by 31 May 2026 explaining the changes brought by the Renters' Rights Act. Failure to do this is itself a breach. If your landlord has not provided this document and continues to rely on terms the Act has invalidated, they are exposed to these penalties.

You can report this to your local council's housing enforcement team. Councils are required to consider complaints, and a documented pattern of using prohibited clauses is exactly the kind of evidence that prompts formal action. Our guide on how to report a landlord to the council in the UK covers what to include in your report and what to expect in response.