TL;DR
Tenancy agreements can include clauses that are unenforceable under UK law but which landlords attempt to enforce anyway. Understanding which clauses are void, what the deposit protection rules require and what notice periods apply prevents costly disputes at the end of a tenancy.
Last reviewed: June 2026 | Sources: Property
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Property Key Facts: Tenancy Agreements Deposit protection: required within 30 daysPrescribed information: must be provided with depositUnfair terms: unenforceable under Consumer Rights ActNotice periods: Section 21 requires minimum 2 monthsRegulator: GOV.UK / local authority |
What a tenancy agreement is
An assured shorthold tenancy agreement sets out the terms of occupation between landlord and tenant. Most residential tenancies in England and Wales are ASTs. The agreement is subject to statute regardless of what it says — clauses that conflict with the Housing Act 1988, the Tenant Fees Act 2019, the Consumer Rights Act 2015 or other relevant legislation are unenforceable even if signed.
The risks most people do not check
Illegal fees may be included in the agreement. The Tenant Fees Act 2019 prohibits most fees charged to tenants including administration fees, referencing fees, inventory fees and check-out fees. Any such fees included in a tenancy agreement signed after 1 June 2019 are illegal and unenforceable. Permitted payments are limited to rent, refundable deposits, holding deposits and certain default charges.
The deposit must be protected within 30 days. All tenancy deposits must be registered with a government-approved deposit protection scheme (DPS, MyDeposits or TDS) within 30 days of receipt. Prescribed information must be provided to the tenant. Failure to protect the deposit gives the tenant the right to claim one to three times the deposit amount as a penalty.
Unfair clauses are void under the Consumer Rights Act. Clauses that significantly disadvantage the tenant against the landlord's interest may be unenforceable under the Consumer Rights Act 2015. Common examples include clauses requiring professional cleaning regardless of the property's condition at the start of the tenancy, or clauses waiving the tenant's right to statutory notices.
Joint tenancies create joint and several liability. All joint tenants are individually liable for the full rent, not just their share. If one tenant stops paying, the remaining tenants must cover the full rent or face arrears proceedings. This applies even if one tenant vacates.
What to verify before signing
Confirm the deposit will be protected with a government-approved scheme and that you will receive prescribed information within 30 days. Check for any fees that may breach the Tenant Fees Act. Request a property inventory and condition report and ensure it accurately reflects the property's state before signing. Confirm the notice period required to end the tenancy.
Where to complain
Tenancy deposit disputes go to the deposit protection scheme's dispute resolution service. Illegal fees can be reported to trading standards. Landlord property condition issues go to the local authority housing enforcement team.
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Disclaimer This article is for information only and does not constitute regulated financial advice. Always verify current terms with relevant providers and seek regulated advice for your specific circumstances. Kael Tripton Ltd is an independent editorial publisher and is not regulated by the FCA. |
Frequently asked questions
What fees can a landlord legally charge me?
Since the Tenant Fees Act 2019, permitted payments are: rent, a refundable tenancy deposit capped at five weeks' rent, a refundable holding deposit capped at one week's rent, changes to the tenancy requested by the tenant, early termination fees where requested by the tenant, utility and council tax payments, and a default fee for late rent or lost keys specified in the agreement.
What happens if my deposit is not protected?
You can apply to court for a penalty of one to three times the deposit amount if your landlord has not protected your deposit within 30 days and provided prescribed information. The landlord also cannot serve a valid Section 21 notice while the deposit is unprotected.
Can a landlord include a clause banning pets?
A blanket no-pets clause may be unenforceable following government guidance encouraging landlords to consider pet requests and not unreasonably refuse. However, the legal position has been evolving and depends on the specific circumstances and date of the tenancy.
What is joint and several liability in a tenancy?
Joint and several liability means each joint tenant is individually responsible for the full rent obligation, not just their proportionate share. This protects the landlord but means co-tenants can be pursued for rent arrears caused by other tenants.
What notice must my landlord give me to leave?
For most ASTs, Section 21 no-fault eviction requires a minimum of two months' written notice. The notice cannot be served within the first four months of the tenancy and has specific prescribed form requirements. Section 8 notices for breach of tenancy terms have different grounds and notice periods.
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Sources GOV.UK: Renting a Property |
