The Consumer Rights Act 2015
Your tenancy agreement is a consumer contract. Under the Consumer Rights Act 2015, any term that creates a significant imbalance in the parties' rights and obligations to the detriment of the tenant may be unfair. Unfair terms are not binding — meaning even if you signed the agreement, you do not have to comply with them.
The agreement must also be written in plain, intelligible language. If a term is ambiguous, it should be interpreted in the way most favourable to you as the consumer.
Common unenforceable clauses
Tenant pays for structural repairs. Section 11 of the Landlord and Tenant Act 1985 makes the landlord responsible for structure, heating, water, and sanitation. An agreement that shifts this to the tenant is likely unenforceable regardless of what it says.
Excessive cleaning requirements. Requiring professional cleaning by a landlord-specified company, or requiring the property to be returned in show-home condition, may be unfair. The standard is "reasonably clean and tidy, accounting for fair wear and tear."
One-sided break clauses. Where the landlord can break easily but the tenant faces much stricter conditions or longer notice periods.
Blanket no-pets clauses. From May 2026, tenants can request to keep a pet and landlords must consider it fairly. Blanket bans are no longer automatically enforceable.
Excessive notice periods for tenants. Requiring the tenant to give significantly more notice than the landlord creates an unfair imbalance.
Forfeiture clauses. Clauses allowing the landlord to re-enter and end the tenancy immediately for any breach are disproportionate and almost certainly unenforceable.
No-visitor restrictions. Limiting how long guests can stay to 14 days or less without landlord consent may be unreasonable and interfere with your right to quiet enjoyment.
Admin fees and hidden charges. Under the Tenant Fees Act 2019, any fees beyond rent, a capped deposit, a holding deposit, and charges for late rent or lost keys are illegal — not just unfair.
What to do about unfair terms
If you spot an unfair term before signing, raise it with your landlord or agent and ask for it to be amended. If you've already signed and the unfair term becomes relevant (e.g., during a deposit dispute or eviction), you can argue that the term is unenforceable. Deposit adjudicators and courts routinely disregard unfair terms.
For advice on specific clauses, contact Shelter or Citizens Advice.