Unfair tenancy clauses: what is illegal, what is just bad
Some tenancy clauses are legally unenforceable. Others are just one-sided and hard to challenge. Here is how to tell the difference, with real examples.
Introduction
Not every clause in your tenancy agreement is valid, and not every unfair clause is illegal. That distinction matters, because the way you challenge each one is different.
Heulex flags both types when it reads your agreement. This article explains the legal framework behind each, with real examples of what to look out for.
The two categories
The first is clauses that are legally unenforceable. These have no effect regardless of what your agreement says. You do not need a court order to ignore them. They are void as a matter of law.
The second is clauses that are unfair under the Consumer Rights Act 2015. These can be challenged in court, but they are not automatically void. A judge would need to rule on them. In practice, most tenants do not go to court, which means these clauses often stand.
Knowing which category a clause falls into tells you how confident you can be in pushing back.
Clauses that are legally void
Fixed term clauses (from 1 May 2026)
From 1 May 2026, the Renters' Rights Act 2025 converts all assured tenancies to periodic tenancies. Any clause in your agreement that specifies a fixed term (for example, "for a term of 12 months") will have no legal effect. You cannot be held to a fixed term after that date.
Rent review clauses (from 1 May 2026)
Contractual rent review clauses, including those tied to RPI or CPI inflation, are void from 1 May 2026. Rent can only be increased through the statutory notice process, which requires at least two months' written notice and limits increases to once per year.
Rent in advance clauses (for new tenancies from 1 May 2026)
From 1 May 2026, landlords cannot require new tenants to pay rent in advance beyond the standard payment date. Any clause requiring quarterly or termly rent payments in a new tenancy is unenforceable. Note: existing tenancies that already contain a rent in advance clause are not affected by this change.
Clauses that waive your protection from eviction rights No clause can remove your right to proper notice before eviction. Any term purporting to allow a landlord to evict you without following the legal process is void.
Clauses requiring rent if the property becomes uninhabitable
If a fire, flood, or serious disrepair makes your home unliveable, a clause requiring you to keep paying rent is unenforceable. The law implies a condition that the property must remain fit to occupy.
Clauses that are unfair under the Consumer Rights Act
These clauses may not be outright illegal, but they can be challenged as unfair under the Consumer Rights Act 2015. An unfair term is one that creates a significant imbalance between landlord and tenant rights, to the tenant's detriment.
Courts and the Competition and Markets Authority have identified the following types as potentially unfair:
Excessive entry rights. A clause giving the landlord the right to enter at any time, without notice and for any reason, is likely unfair. Landlords generally need to give at least 24 hours' notice, and entry must be for a legitimate reason.
Paying the landlord's legal costs if they lose. A clause requiring you to cover the landlord's legal costs regardless of the outcome of a dispute is unfair. You should not be penalised for exercising your legal rights.
Professional cleaning regardless of condition. End-of-tenancy clauses that require you to pay for professional cleaning even if the property is already clean are widely considered unfair. Reasonable cleaning is your responsibility. A cleaning bill that applies automatically, regardless of the state of the property, is not.
Blanket restrictions on ordinary living. Clauses that purport to ban cooking smells, overnight guests, or other normal domestic activity are unlikely to be enforceable in full. Courts look at whether a restriction is reasonable in context.
Blanket pet bans. Under the Renters' Rights Act 2025, landlords can no longer unreasonably refuse a written request to keep a pet. For tenancies created on or after 1 May 2026, a clause that says "no pets under any circumstances" cannot override this right. If your tenancy predates 1 May 2026, the old rules apply and a blanket ban may still be enforceable.
What to do if you find one
If a clause is legally void, you can simply note it and proceed. It has no effect. You do not need to get your landlord to remove it.
If a clause is potentially unfair under the Consumer Rights Act, the position is more nuanced. You can raise it with your landlord before signing and ask for it to be removed or amended. If it is already in a signed agreement, you can seek advice from Shelter, Citizens Advice, or a solicitor before relying on it.
Spotting these clauses before you sign gives you the best position. Once you are in a tenancy, your options narrow.
Want to know what else might be in your agreement?
Heulex reads your tenancy agreement and flags clauses that carry legal or financial risk, so you know what you are signing before you sign it.