Nearly a third of renters in the UK sign a tenancy agreement without fully understanding the clauses inside it, according to recent research. That means thousands of people commit to terms they don’t realise are unenforceable — or miss protections they’re legally entitled to. I’ve been covering the UK rental market for years, and the single most common question I get is: “Can my landlord actually do that?” More often than not, the answer is no, because the clause in question is either outdated or simply void. The Renters’ Rights Act 2025 has changed the game, and what was standard practice even two years ago may now be unenforceable. Here’s what you actually need to know.
If you’re about to rent your first place, the agreement you sign is a legally binding document. But it’s also full of traps — clauses that look official but don’t hold up in law. I’ve seen tenants agree to rent increases that were never valid, and landlords try to enforce blanket “no pets” rules that are now unenforceable. The key is knowing which clauses matter, which ones are dead letters, and what you can do if something looks wrong. If you’re unsure about your rights, speaking with a tenant landlord lawyer can clarify what’s enforceable before you sign.
What a periodic tenancy means for you
The biggest change under the Renters’ Rights Act 2025 is that fixed-term tenancies are no longer the default. From 1 May 2026, every new tenancy is periodic from the outset — meaning it runs month to month with no set end date. That sounds unstable, but it actually gives you more flexibility. You’re not locked in for 12 months, and you can leave with two months’ notice. The trade-off is that your landlord can’t use a fixed-term break clause to evict you either. They must use Section 8 grounds, which require a valid reason.
What I’d do in your shoes: don’t let the lack of a fixed term worry you. It actually protects you from being evicted at the end of a term without reason. The old Section 21 “no fault” eviction is gone. Your landlord now needs a valid ground under Section 8 to end the tenancy. That’s a meaningful shift in power. If you’re comparing properties, understanding how break clauses work in the new system is worth reading up on.
Why the rent clause matters more than you think
Rent is the most obvious part of any agreement, but the clause that governs how it can increase is where most people get caught out. Under the new rules, a landlord cannot include a contractual rent review clause or an escalator clause that automatically raises your rent by a set percentage each year. Those are unenforceable. The only legal way to increase rent on a periodic tenancy is through the Section 13 procedure: the landlord serves Form 4A, gives at least two months’ notice, and cannot do it more than once in any 12-month period.
Here’s a scenario that comes up a lot: you sign a tenancy that says “rent will increase by 3% annually.” That looks official, but it’s not worth the paper it’s written on. If your landlord tries to enforce it, you can challenge the increase at the First-tier Tribunal. The same goes for any clause that tries to tie a rent increase to a break clause or a renewal — those are void too. I’ve seen tenants pay inflated rents for years because they didn’t know they could push back. Don’t be that person.
If you’re negotiating your rent, knowing this gives you leverage. A landlord who tries to include an escalator clause is either uninformed or hoping you won’t question it. My advice: flag it before you sign. And if you’re looking to save money, rent negotiation strategies can help you approach the conversation with confidence. A property lawyer can also review the rent clause before you commit.
Where first-time renters get tripped up
Most problems come from clauses that look standard but are now unenforceable. Here are the three I see most often.
Blanket ‘no pets’ clauses that don’t hold up
A clause that says “no pets allowed” with no qualification is unenforceable. Under the Renters’ Rights Act 2025, you have the right to request permission to keep a pet. Your landlord must respond in writing within 28 days. If they refuse, it must be on reasonable grounds — for example, the property is a flat without garden access, or the building is unsuitable for the type of animal. Silence or delay counts as an unreasonable refusal. If you’re a pet owner, understanding pet deposit rules is essential, because a separate pet damage deposit of up to one week’s rent is now allowed alongside the main deposit.
Entry clauses that ignore your right to privacy
Some agreements include a clause saying the landlord can enter with less than 24 hours’ notice, or even without notice. That’s unenforceable. The law requires at least 24 hours’ written notice for any inspection, repair, or viewing. The only exception is a genuine emergency — a burst pipe, a gas leak, or a fire. If your agreement says otherwise, cross it out before signing. I’d also recommend agreeing on a method for giving notice, like email, so there’s a timestamped record. A Wi-Fi water leak detector can alert you to emergencies before they escalate, giving you more control over when the landlord needs to enter.
Subletting and assignment clauses that overreach
You have a statutory right to request consent to sublet a room (not the whole property). Your landlord must respond within 42 days and can only refuse on reasonable grounds. But many agreements include a blanket prohibition on subletting or assignment. That’s fine as long as it doesn’t prevent you from making a request. The key is that the landlord can’t unreasonably withhold consent. If you’re considering subletting, make sure the clause allows for a written request process. Subletting the entire property without consent remains a breach, so don’t assume you can do it freely.
→ Scroll right to see all columns
| Clause Type | What It Claims | Is It Enforceable? |
|---|---|---|
| Fixed-term grant | Tenancy for a specific period (e.g. 12 months) | Void from 1 May 2026 |
| Rent escalator | Automatic annual increase (e.g. RPI+2%) | Unenforceable; only Section 13 applies |
| Blanket ‘no pets’ | No pets allowed under any circumstances | Unenforceable; must consider requests |
| Entry without 24-hour notice | Landlord can enter with less notice | Unenforceable except in emergencies |
| Waiver of deposit protection | Tenant agrees deposit won’t be protected | Void; deposit must be protected within 30 days |
How to read and challenge your tenancy agreement
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Reading a tenancy agreement doesn’t have to be overwhelming. You just need to know what to look for and what to challenge. Here’s a practical process.
Check the tenancy type and duration
If the agreement says “fixed term of 12 months” and it’s dated after 1 May 2026, that clause is void. The tenancy should be described as a periodic assured tenancy from the outset. If you see a fixed-term grant, ask the landlord to remove it. If they refuse, you’re dealing with someone who either doesn’t know the law or is ignoring it. That’s a red flag. The agreement should also include a statement confirming the tenancy is periodic, which reflects the new legal default.
Verify the rent increase mechanism
Look for any clause that mentions automatic rent increases, RPI adjustments, or contractual rent reviews. If you find one, it’s unenforceable. The only valid mechanism is a reference to the Section 13 procedure and Form 4A. The agreement should state that rent will be reviewed via Section 13 notice only. If it doesn’t, ask for that language to be added. This is one of the most common traps, and fixing it before you sign saves you years of overpaying.
Confirm the pet and access clauses are compliant
The pet clause should set out a clear process: you apply in writing with details of the animal, the landlord responds within 28 days, and any refusal is on reasonable grounds. If the clause says “no pets” without qualification, it’s unenforceable. The access clause should state that the landlord will give at least 24 hours’ written notice, with an emergency exception. If it says anything less, cross it out. A video doorbell can help you keep a record of who visits and when, which is useful if access disputes arise.
Look for the Information Sheet acknowledgement
From 1 May 2026, landlords must give tenants a government-produced document called the Renters’ Rights Act Information Sheet 2026 before serving any Section 8 notice. The agreement should include a clause confirming you’ve received it. If it doesn’t, ask for it. Without that acknowledgement, the landlord can’t use the Section 8 process to seek possession. That’s a significant protection for you. If you’re renting with a guarantor, alternative options for UK renters can help if you’re struggling to find one.
What to do if you find an unenforceable clause
If you spot a clause that’s void or unenforceable, you have options. First, ask the landlord or letting agent to remove it in writing. Most will comply if you explain why it’s unenforceable. If they refuse, you can seek advice from a tenant landlord lawyer who can write a formal letter. You can also report the issue to your local council, which can fine the landlord up to £7,000 for failing to provide the required written information. Don’t sign an agreement with unenforceable clauses — they create confusion and can be used to pressure you later.
Can my landlord increase rent without my agreement? ▾
What happens if my tenancy agreement still has a fixed term after May 2026? ▾
Can I be evicted for having a pet if the agreement says ‘no pets’? ▾
Do I need renters insurance if my tenancy agreement doesn’t require it? ▾
What should I do if my landlord enters without 24 hours’ notice? ▾
Can I sublet a room if my agreement says I can’t? ▾
The most important thing to remember is that a tenancy agreement isn’t a take-it-or-leave-it document. You can negotiate, challenge, and remove clauses that are unenforceable. The law is on your side more than most renters realise. Start by reading every clause with the checklist above, and don’t be afraid to push back on anything that looks wrong. If this was useful, you might also want to read UK rent deposits: ensuring your money is safe.
Sources and Further Reading
Navigating early lease termination due to health issues — What to do if you need to leave your tenancy early for medical reasons.
Renters insurance: is it worth it in the UK? — A practical look at whether contents insurance makes sense for tenants.
Tenancy agreement clauses UK: what must be included and what is now void. LetSafe UK, 2025.
Tenancy agreements: written information for your tenant. UK Government, 2025.
How to update your tenancy agreement for the Renters’ Rights Act 2026. Latch, 2025.
