Signing a tenancy agreement in the UK can lock you into over £14,000 in rent for a typical 12-month let, yet most tenants spend more time reading a restaurant menu than their contract. A single unfair clause or missed red flag can cost you thousands in non-refundable fees, illegal charges, or liability for repairs that aren’t your responsibility. With the Renters’ Rights Act receiving Royal Assent on 27 October 2025 and its first phase coming into force on 1 May 2026, the rules around tenancies are shifting fast. Knowing what to watch for before you sign is the difference between a secure home and a costly mistake.
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This article is general information only and does not constitute professional advice. For your specific situation, consult a qualified professional.
A tenancy agreement is a legally binding contract, not a formality. The Tenant Fees Act 2019 banned most upfront charges, but landlords and letting agents still slip in prohibited fees or unfair terms. The Consumer Rights Act 2015 already makes unfair contract terms unenforceable, yet many tenants don’t know which clauses they can challenge. The upcoming Renters’ Rights Act will abolish Section 21 ‘no-fault’ evictions and replace fixed-term tenancies with periodic agreements, but until May 2026, the old rules still apply. Here’s what you actually need to know.
The central concept here is the tenancy agreement — the contract that governs your rights and obligations as a tenant. It’s not just about how much rent you pay; it dictates who fixes the boiler, whether you can have a pet, and how much notice you’ll get if the landlord wants you out.
What I tend to notice is that most tenants focus on the monthly rent and the deposit, then skim the rest. The real risk is in the small print — clauses that look standard but actually shift costs or rights in ways the law doesn’t allow. Asking the right questions during viewings is a good start, but the agreement itself is where the binding promises live.
What Your Tenancy Agreement Really Costs You
The headline rent is only part of the picture. A typical 12-month tenancy locks you into over £14,000 in rent, but the upfront costs can catch you off guard if you don’t know the legal limits. Under the Tenant Fees Act 2019, the only payments a landlord or agent can demand before you move in are: rent in advance, a refundable holding deposit capped at one week’s rent, and a security deposit capped at five weeks’ rent (six weeks if the annual rent is £50,000 or more). Permitted defaults, like replacing a lost key at actual cost, are also allowed — but nothing else.
Any clause demanding an administration fee, referencing charge, or inventory fee is illegal. If you spot one, the clause is unenforceable and you can report the landlord to the local authority. The Deregulation Act 2015 also changed deposit protection rules: your deposit must be placed in a government-approved scheme within 30 days of receipt, and you must be given prescribed information about the scheme. Failure to do so can result in penalties against the landlord and a ban on serving a valid Section 21 notice.
Beyond deposits, consider the service charge if you’re renting a flat with communal areas, and the cost of contents insurance — your landlord’s building insurance won’t cover your belongings. Some tenancy agreements require you to take out a specific policy, which can add £100–£200 a year. Worth weighing against the rent when comparing properties.
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| Fee type | Legal limit | What’s illegal |
|---|---|---|
| Security deposit | 5 weeks’ rent (6 if rent ≥£50k/yr) | Any amount above the cap |
| Holding deposit | 1 week’s rent | Non-refundable holding deposits |
| Rent in advance | First month’s rent (or agreed period) | Demanding more than one period upfront |
| Permitted defaults | Actual cost (e.g. lost key replacement) | Fixed fees for defaults not incurred |
| Administration/referencing fees | Not allowed | Any charge for referencing, credit checks, or admin |
Common Red Flags Tenants Miss
Illegal upfront fees disguised as ‘administration costs’
Despite the Tenant Fees Act 2019 banning most upfront charges, some agreements still include clauses for referencing fees, credit check fees, or ‘administration costs’. These are unlawful. If you’ve already paid, you can claim the money back through the county court. The holding deposit is the only pre-tenancy fee a landlord can take, and it must be refundable — if the landlord decides not to rent to you without good reason, they must return it within seven days.
Repair clauses that shift landlord duties onto you
Section 11 of the Landlord and Tenant Act 1985 makes the landlord responsible for the structure and exterior of the property, as well as installations for water, gas, electricity, sanitation, and heating. A clause that says you’re responsible for all repairs, annual servicing, or external damage is unenforceable. What I tend to notice is that tenants sign these clauses without realising they’re not valid. If your boiler breaks and the agreement says you pay for it, the law still puts the cost on the landlord. Keep a copy of your tenancy agreement and check it against the statutory obligations.
Broad access clauses allowing entry without notice
Your landlord has the right to enter the property to carry out repairs or inspections, but only with at least 24 hours’ written notice and at a reasonable time. Some tenancy agreements include clauses that allow the landlord or agent to enter for viewings, valuations, or ‘any reasonable purpose’ without proper notice. These clauses are invalid. If a landlord enters without notice, it may constitute harassment under the Protection from Eviction Act 1977. Document every instance and raise it formally.
Deposit clauses that don’t mention protection
Your deposit must be protected in a government-approved tenancy deposit scheme within 30 days. If the tenancy agreement doesn’t mention which scheme will be used, or says the deposit is ‘held’ by the landlord, that’s a red flag. An unprotected deposit means you can claim compensation of up to three times the deposit amount, and the landlord cannot serve a valid Section 21 notice until it’s protected. If you’re unsure about your deposit status, a tenant and landlord lawyer can review your situation quickly.
How to Check and Challenge Your Tenancy Agreement
Read every clause before you sign
Don’t rely on verbal promises. If the agent says ‘we never enforce that clause’, ask them to strike it out and initial the change. Anything that’s in the signed agreement is enforceable unless it’s unlawful. Pay particular attention to clauses about rent increases, notice periods, and what happens if you want to leave early. The Renters’ Rights Act will eventually replace fixed-term tenancies with periodic agreements, but until May 2026, fixed terms still lock you in for the full period unless there’s a break clause.
Check the deposit protection paperwork
Within 30 days of paying your deposit, the landlord must give you prescribed information including the scheme name, the deposit amount, and your rights. If you don’t receive this, follow up in writing. Without it, the landlord cannot evict you using a Section 21 notice. If you’re already in the property and the deposit isn’t protected, you can apply to the county court for compensation.
Know what the Renters’ Rights Act changes
From 1 May 2026, the first phase of the Renters’ Rights Act comes into force. Section 21 ‘no-fault’ evictions will be abolished, meaning landlords must use Section 8 grounds — serious rent arrears (three months or more), anti-social behaviour, or the landlord (or close family) moving into the property. Fixed-term tenancies will be replaced with periodic agreements, giving tenants more flexibility. A landlord database and Ombudsman will also be introduced. If you’re signing a tenancy now, understand that the rules are changing, but the current agreement still governs until the new law takes effect.
Challenge unfair terms using the Consumer Rights Act 2015
The Consumer Rights Act 2015 makes any unfair contract term unenforceable. A term is unfair if it creates a significant imbalance between your rights and the landlord’s rights, to your detriment. Common unfair terms include: clauses that allow the landlord to change the rent without your agreement, clauses that waive your right to a refund of the deposit, and clauses that limit the landlord’s liability for damage caused by their negligence. If you spot an unfair term, write to the landlord or agent pointing out that it’s unenforceable under the Act. If they refuse to remove it, you can seek advice from a real estate lawyer.
Can a landlord charge me for viewings during my tenancy? ▾
What if my tenancy agreement says I’m responsible for all repairs? ▾
Can my landlord increase the rent during a fixed term? ▾
What happens if my deposit isn’t protected? ▾
Can I be evicted without a reason before May 2026? ▾
What if my landlord enters without 24 hours’ notice? ▾
The Bottom Line on Your Tenancy Agreement
The Renters’ Rights Act represents the biggest shift in UK rental law in decades, but until May 2026, the old rules still apply. Your tenancy agreement is the document that governs your home, your money, and your security. Every clause matters — and many of them can be challenged if they’re unfair or unlawful. The cost of not reading carefully can be thousands of pounds in illegal fees, unprotected deposits, or liability for repairs that aren’t yours.
Remember: this article is general information only. For advice on your specific situation, speak to a qualified professional.
If this was useful, you might also want to read Moving Out Mishaps: Avoid These Common Mistakes When Leaving Your UK Rental.
Sources and Further Reading
Top Questions to Ask During UK Apartment Viewings — What to ask before you even see a tenancy agreement, so you know what to look for later.
Negotiating Rent in the UK: Expert Tips for a Lower Monthly Payment — How to approach rent discussions before signing.
Flatcheck UK (2025). Tenancy agreement red flags: what to check before you sign. 🔗
Cheffins (2025). Full guide to the Renters’ Rights Act. 🔗
