Over the past few years, I’ve watched tenancy agreements get longer, more confusing, and — in some cases — legally dangerous for the person signing them. The problem isn’t just that landlords copy-paste old templates. It’s that the law itself has shifted underneath those templates. From 1 May 2026, the Renters’ Rights Act changes will scrap fixed-term assured shorthold tenancies, abolish Section 21 evictions, and ban blanket pet prohibitions. If you’re renting in England, the lease you sign today might contain clauses that become unenforceable — or worse, that give your landlord powers they no longer legally have. Here’s what you actually need to know.
If you’re about to sign a lease, or even if you’re already in one, the clauses I’m about to walk through are the ones most likely to trip you up. I’ve covered renting in the UK long enough to see the same patterns repeat: tenants assume the printed word is legally sound, and landlords assume their solicitor’s template from 2019 still works. Neither assumption holds anymore. For a broader look at what to watch for during the whole process, my UK apartment leasing checklist covers the full journey from viewing to moving in.
What a periodic tenancy actually means for you
The biggest shift most renters don’t see coming is the end of the fixed-term assured shorthold tenancy. From 1 May 2026, every new tenancy in England will be periodic from day one. That means no more “12-month contract” with a break clause at month six. Instead, the tenancy runs indefinitely until either you give two months’ notice or the landlord successfully uses one of the Section 8 grounds for possession. This isn’t a minor tweak — it rewrites the entire relationship between landlord and tenant.
What this means in practice: you’re no longer locked into a full year if you need to move early. But it also means the landlord can’t simply wait out a fixed term to get you out — they need a legal reason. If your lease still says “for a term of 12 months” or references a “fixed term”, that clause is dead after May 2026. I’d cross it out before signing. If you’re unsure how this affects your deposit or notice period, it’s worth understanding your rights as a renter before you commit.
Why the wrong clause can cost you thousands
Here’s where it gets real. A single outdated clause — say, one that says “tenant shall not sublet without landlord consent” without the required clarification that consent cannot be unreasonably withheld — can leave you stuck in a property you’ve outgrown, or facing a dispute at tribunal. The Renters’ Rights Act 2025 doesn’t just add new rules; it dismantles the old framework entirely. Using an un-updated tenancy agreement after 1 May 2026 creates three distinct risks: unenforceable clauses give tenants grounds to challenge actions at tribunal; missing mandatory provisions can prevent landlords from serving valid notices; and ambiguous terms around periodic tenancy mechanics create disputes that a well-drafted agreement would prevent.
Consider this scenario: your lease says rent will increase by 3% every January. After May 2026, that clause is unenforceable. The landlord must use a Section 13 notice, which caps the increase and gives you the right to challenge it at tribunal. If you’d signed without knowing, you might have paid hundreds more than legally required. What I’d do: read the rent review clause before signing. If it mentions any automatic increase, flag it. The only legal mechanism for raising rent on a periodic tenancy is the Section 13 notice procedure.
Where most renters get caught out
I’ve seen the same mistakes surface again and again. They’re not about missing the obvious — they’re about trusting that a printed contract is legally current. Here are the four clauses that cause the most trouble.
Automatic rent escalation clauses
Many older tenancy agreements include a clause that says rent will increase by a fixed percentage each year, or in line with RPI. After 1 May 2026, these are unenforceable for periodic tenancies. The only way a landlord can increase rent is by serving a Section 13 notice, which gives you the right to challenge the amount at a tribunal. If your lease has an automatic increase clause, it’s not just outdated — it’s a liability for the landlord and a trap for you. What I’d do: ask the landlord to remove it before signing. If they refuse, get written confirmation that they’ll follow Section 13 procedure instead.
Blanket pet bans
A clause that says “no pets allowed” without qualification is now unenforceable. The Act gives you the right to request permission for a pet. The landlord must respond within 42 days and can only refuse on reasonable grounds — for example, if the property is unsuitable or the pet would cause damage. If your lease has a blanket ban, it’s void. Replace it with a pet request procedure clause that sets out the 42-day response window and the requirement for the landlord to give a reasoned refusal. If you’re worried about potential damage, a smart water leak detector can give you early warning of accidents, but the legal right to request a pet is yours regardless.
Notice periods longer than two months
Some leases require tenants to give three or even six months’ notice. After May 2026, that’s unenforceable. The statutory tenant notice period for a periodic tenancy is two months. Any clause demanding more is void. If you’re in a tenancy with a longer notice period, you can safely ignore it — but you’ll want the lease updated to reflect the correct term to avoid disputes when you do give notice.
Section 21 references and fixed-term renewal clauses
Any clause that mentions Section 21, or that requires or offers renewal for a further fixed term, is meaningless after 1 May 2026. Section 21 is abolished. Fixed-term renewals don’t exist. If your lease says “landlord may recover possession under Section 21 or Section 8”, cross out the Section 21 reference. If it says “tenant may renew for a further 12 months”, that clause is dead. The tenancy simply continues as periodic indefinitely.
→ Scroll right to see all columns
| Clause Type | Old Wording | What Changes After May 2026 |
|---|---|---|
| Fixed-term grant | “For a term of 12 months” | Unenforceable. Tenancy is periodic from outset. |
| Rent increase | “Rent rises by RPI+2% annually” | Unenforceable. Must use Section 13 notice. |
| Pet ban | “No pets allowed” | Unenforceable. Tenant has right to request. |
| Tenant notice | “Tenant must give 3 months’ notice” | Unenforceable. Statutory maximum is 2 months. |
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How to check and fix your tenancy agreement before signing
You don’t need to be a solicitor to spot the dangerous clauses. You just need to know what to look for and what to ask for. Here’s a practical walkthrough.
Run a clause-by-clause check against the new rules
Print out the tenancy agreement and go through it with a highlighter. Mark every clause that mentions a fixed term, a Section 21 notice, an automatic rent increase, a blanket pet ban, or a tenant notice period longer than two months. Each of those is a red flag. If you find any, ask the landlord or letting agent to provide an updated version that reflects the Renters’ Rights Act. If they push back, remind them that using an un-updated agreement after 1 May 2026 creates a liability for them — not just for you. If you need professional backup, a tenant landlord lawyer can review the document for a flat fee and flag anything unenforceable.
Confirm the Information Sheet requirement is met
From 1 May 2026, landlords must give tenants a government-produced document called the Renters’ Rights Act Information Sheet 2026 before the tenancy is signed. If you’re signing after that date, the agreement should include a clause confirming you’ve received it. If it doesn’t, ask for it. Without that signed acknowledgement, the landlord cannot serve a valid Section 8 notice later. This isn’t a minor formality — it’s a legal prerequisite for possession proceedings.
Check the deposit protection clause
Your deposit must be registered in a government-approved scheme within 30 days. The tenancy agreement should state which scheme it’s in and confirm the deposit is protected under the rules for assured periodic tenancies (not ASTs, since those no longer exist). If the clause still says “deposit protected under AST rules”, ask for it to be updated. An unprotected deposit can mean the landlord cannot use Section 8 grounds for possession, and you may be entitled to compensation of up to three times the deposit amount.
Verify the pet request procedure is included
If you have or want a pet, the agreement should include a clause setting out the process for requesting permission. It should state the 42-day response period, the requirement for the landlord to give reasonable grounds for refusal, and any insurance requirements (e.g. pet damage insurance). If the clause is missing, ask for it to be added. A tenant landlord lawyer can draft the wording for you if the landlord is unsure what to include.
- 1Highlight every red-flag clauseFixed term, Section 21, automatic rent increase, blanket pet ban, notice period over 2 months — mark them all.
- 2Ask for an updated versionRequest a tenancy agreement that reflects the Renters’ Rights Act. If the landlord refuses, get written confirmation they’ll follow the new rules.
- 3Confirm the Information SheetEnsure the agreement includes a clause confirming you’ve received the Renters’ Rights Act Information Sheet 2026.
- 4Check deposit and pet clausesVerify deposit protection is updated for periodic tenancies, and that a pet request procedure is included if relevant.
Frequently asked questions
What happens if my landlord uses an un-updated tenancy agreement after May 2026? ▾
Can my landlord still increase rent if the lease has an automatic escalation clause? ▾
I already signed a lease with a blanket pet ban. Can I still get a pet? ▾
What if my tenancy agreement says I must give three months’ notice? ▾
Do I need a solicitor to review my tenancy agreement? ▾
The shift to periodic tenancies and the abolition of Section 21 are the biggest changes to renting in England in decades. The key is not to assume the printed word is law — because after 1 May 2026, much of it won’t be. Check every clause, ask for updates, and don’t sign anything that still references fixed terms or automatic rent hikes. If this was useful, you might also want to read negotiating rent in the UK: secrets to securing a better deal.
Sources and Further Reading
Must-know tips for renting an apartment in the UK — A broader guide covering everything from viewings to deposit disputes, useful alongside the clause-specific advice above.
Tenancy agreements: written information for your tenant. GOV.UK, 2026.
Why every tenancy agreement needs updating for the Renters’ Rights Act 2026. Latch, 2026.
Key clauses in tenancy agreements every renter in England should review. Tenant Rights UK, 2026.
