Tenancy Agreement Red Flags Every UK Renter Should Know (2026)

⚡ 2026 update: The Renters' Rights Act received Royal Assent in early 2025 and abolishes fixed-term assured shorthold tenancies for new lettings from mid-2025 — but many of the problematic clauses below still appear in rolling periodic tenancies and older ASTs currently in force.At a glance

• Your deposit must be protected in a government-approved scheme within 30 days of payment — if it isn't, you can claim up to 3× the deposit amount.
• "Fair wear and tear" is not defined in most tenancy agreements — landlords cannot charge you for normal deterioration that happens with everyday use.
• Clauses requiring you to have carpets professionally cleaned at the end of the tenancy are unenforceable under the Tenant Fees Act 2019.
• Break clauses must be mutual to be fair — a landlord-only break clause that lets them end the tenancy early with minimal notice is a red flag.
• Any clause that asks you to waive your right to the deposit protection scheme, quiet enjoyment, or repairs under the Landlord and Tenant Act is unenforceable.
• Not legal advice: This article explains common tenancy clauses in plain English. For your specific situation, speak to a housing solicitor, Shelter, or Citizens Advice.

Signing a tenancy agreement is one of the biggest financial commitments most people make each year. Yet most renters spend less than ten minutes reading the document before handing over hundreds of pounds in a deposit.

Landlords and letting agents use standard-looking templates, which creates a false sense of security. Just because a clause is printed in an official-looking document doesn't mean it's legal, fair, or enforceable. Some clauses in common use are outright prohibited by law. Others are technically legal but heavily weighted against you.

Here's what to look for before you sign — and what to do if you find a problem.

Deposit red flags

Is the deposit amount within the legal cap?

Under the Tenant Fees Act 2019, deposits are capped. For most tenancies in England:

• If annual rent is under £50,000: maximum deposit is 5 weeks' rent.
• If annual rent is £50,000 or over: maximum deposit is 6 weeks' rent.

If the agreement asks for more than this, the landlord is breaking the law. You can report this to your local council's housing enforcement team.

Is there a clause about deposit protection?

The landlord must protect your deposit in one of three government-approved schemes (Deposit Protection Service, MyDeposits, or Tenancy Deposit Scheme) within 30 days of receiving it. They must also give you the "prescribed information" — a document explaining which scheme holds the deposit and how to get it back.

If the tenancy agreement contains any clause suggesting your deposit won't be protected, or that you waive your right to have it protected, that clause is unenforceable. And if the landlord fails to protect it at all, you can apply to court for a penalty of 1–3 times the deposit amount.

Vague deductions clauses

Look for language that allows the landlord to deduct for "cleaning," "damage," or "remedial works" without defining what this means. The best agreements reference the check-in inventory explicitly and tie any deductions to departures from that document.

Any deduction must be for damage beyond fair wear and tear — not for ordinary deterioration that happens with everyday use.

Fees and charges to watch for

Prohibited fees under the Tenant Fees Act 2019

Since June 2019, landlords and agents in England cannot charge tenants for:

• Referencing and credit checks
• Tenancy administration or setup fees
• Professional cleaning at the end of the tenancy (unless damage has genuinely occurred)
• Gardening services (unless agreed upfront as a permitted payment)
• Inventory check-out fees

If your agreement includes any of these charges, they are unenforceable. You don't have to pay them. Report them to your local council — landlords and agents can be fined up to £5,000 for a first offence.

The professional cleaning clause

This is one of the most common illegal clauses still appearing in tenancy agreements in 2026. It usually reads something like:

"The tenant agrees to have the property professionally cleaned by a company approved by the landlord at the end of the tenancy."

This is prohibited under the Tenant Fees Act. You cannot be required to use a specific cleaning company. You can clean the property yourself to the same standard as when you moved in — and that's enough.

Break clauses and notice periods

Is the break clause mutual?

A break clause lets one or both parties end the tenancy before the fixed term expires. The red flag is a landlord-only break clause — one where the landlord can exit the tenancy early but you can't.

For a break clause to be fair, it should be available to both parties on the same terms: same notice period, same conditions.

What's the notice period for ending the tenancy?

Under the Renters' Rights Act 2025 (which applies to new tenancies from mid-2025), landlords must give at least four months' notice in most circumstances. Tenants must give two months' notice to leave.

If you're on an older fixed-term AST still in force, check the break clause notice requirements carefully. Notice periods shorter than two months for the tenant are unusual and worth questioning.

Rolling over to a periodic tenancy

Many fixed-term ASTs contain a clause saying the tenancy automatically rolls into a monthly periodic tenancy at the end of the fixed term if neither party gives notice. This is normal. But check whether the rent can be increased at that point and what notice period applies to the periodic tenancy. You don't want to discover you need to give two months' notice when you thought it was one.

Repairs and maintenance

The landlord's repair obligations cannot be contracted away

Under the Landlord and Tenant Act 1985, landlords are legally required to maintain:

• The structure and exterior of the property
• Heating and hot water installations
• Basins, sinks, baths, and sanitary fittings
• Gas, electricity, and water supplies

Any clause in a tenancy agreement that tries to shift these obligations onto you — for example, "the tenant is responsible for all repairs under £200" — is unenforceable. The landlord cannot contract out of their statutory duties.

The "report repairs in writing" clause

Many agreements require you to report repairs in writing. This isn't a red flag — it's good practice. But make sure you actually do it. If you report a repair verbally and the landlord ignores it, you'll struggle to prove later that you raised the issue. Send repair requests by email and keep copies.

"Fair wear and tear" — what it actually means

This phrase appears in almost every tenancy agreement but is rarely defined. In practice, fair wear and tear means the normal deterioration of a property that results from ordinary, reasonable use over time.

Examples of fair wear and tear:

• Carpet becoming slightly worn in high-traffic areas
• Small scuffs or marks on walls that come from everyday living
• Paintwork fading or minor scratching over a long tenancy

Examples of what is not fair wear and tear (and can be charged for):

• Large stains, burns, or holes in carpets
• Significant damage to walls (large holes, extensive marking)
• Broken fixtures, fittings, or appliances caused by misuse

The longer you've lived in a property, the more wear and tear you're entitled to. A small scuff on a wall after five years is very different from the same scuff after five months.

Got a clause in your tenancy agreement you don't understand?

Upload your tenancy agreement to Clarify and ask in plain English — "is this clause legal?", "what does 'fair wear and tear' mean for me?", or "can my landlord charge for this?" You'll get a cited, plain-English answer in seconds.

Try Clarify free → getclarify.co.uk

Other clauses worth checking

Guest and occupancy restrictions

Some agreements restrict who can stay at the property and for how long. It's reasonable for a landlord to prohibit subletting without consent. But clauses that ban guests from staying overnight, or that require landlord approval for any visitor, are disproportionate and may not be enforceable.

Pets clauses

Under the Renters' Rights Act 2025, landlords can no longer include blanket "no pets" clauses. They can only refuse a pet request on reasonable grounds. If your agreement still contains an absolute prohibition on pets, it may be unenforceable for new tenancies started after the Act came into force — though you should still ask your landlord in writing before getting a pet and keep their response.

Alteration clauses

Most agreements require you to seek written permission before making alterations. This is standard. But watch for clauses that require you to return the property to its original state even for minor, reversible changes — like putting up picture hooks or attaching adhesive strips. That level of restriction is unusual and worth negotiating before you sign.

Access clauses

Your landlord must give at least 24 hours' written notice before entering the property (except in genuine emergencies). Any clause that purports to allow unannounced access conflicts with your right to quiet enjoyment — a common law right that cannot be removed by contract.

What to do if you find a problem

If you spot a clause that looks illegal or unfair, you have options:

1. Raise it before signing. Ask the landlord or agent to remove or amend the clause. Put your request in writing.
2. Seek advice. Shelter, Citizens Advice, and local council housing teams can confirm whether a clause is prohibited.
3. Know that illegal clauses are unenforceable. Signing an agreement doesn't make an illegal clause legal. If a clause violates the Tenant Fees Act or the Landlord and Tenant Act, it has no legal effect — you don't have to comply with it.
4. Report prohibited fees. Your local council can investigate and fine landlords and agents who charge prohibited fees.

Know your rights before you sign

Clarify reads your tenancy agreement and flags the clauses you need to know about — in plain English, with the relevant sections highlighted. Upload once, ask as many questions as you like. No jargon, no guesswork.

Upload your tenancy agreement → getclarify.co.uk

Frequently asked questions

Can a landlord include a clause that isn't covered by the standard template?

Yes — tenancy agreements can include additional clauses agreed by both parties, as long as they don't contradict statute law. An additional clause that tries to remove your rights under the Landlord and Tenant Act 1985 or the Tenant Fees Act 2019 is unenforceable regardless of whether you agreed to it in writing.

My landlord wants a 6-week deposit. Is that legal?

Only if your annual rent is £50,000 or more. For most tenancies, the cap is 5 weeks' rent. If your landlord is asking for 6 weeks on a lower-rent property, they're in breach of the Tenant Fees Act 2019 and can be fined by the local council.

What happens if my deposit isn't protected?

You can apply to the county court for a penalty of 1–3 times the deposit amount. The landlord also loses the right to use a Section 8 notice to evict you for certain grounds until the deposit is protected and the prescribed information is served.

Can my landlord charge me for a professional clean if the property was dirty when I moved in?

No. The standard is that you return the property in the same condition as when you received it (allowing for fair wear and tear). If the property was not professionally cleaned at the start, you're not obliged to pay for a professional clean at the end.

Is a verbal tenancy agreement legally binding?

Yes — a verbal tenancy agreement is legally binding, though much harder to enforce because the terms are difficult to prove. Your statutory rights (repairs, deposit protection, quiet enjoyment) apply regardless of whether anything was written down.

Can I negotiate tenancy agreement clauses?

Absolutely. A tenancy agreement is a contract and both parties can propose changes before signing. Request any amendments in writing, and make sure the final signed version reflects what was agreed — not the original draft.

What is "quiet enjoyment" and can a landlord take it away?

Quiet enjoyment is your right to use the property peacefully, without interference from the landlord. It's a common law right and cannot be removed by contract. Any clause that purports to allow the landlord unannounced access or repeated visits without notice conflicts with this right.

Can a landlord still serve a Section 21 notice in 2026?

For tenancies created before the Renters' Rights Act 2025 came into force, transitional arrangements apply and some older Section 21 notices may still be in process. For all new tenancies, Section 21 no-fault eviction has been abolished. Landlords can only regain possession using Section 8 grounds, which must be proved to a court.

Related articles

• Section 21 notice explained: what it means and what to do next
• Can my landlord increase my rent? What UK renters need to know in 2026
• Reading your mortgage offer letter line by line (UK 2026)
• What "final demand" actually means on a debt letter (UK 2026)

This article is for general information only and does not constitute legal advice. Tenancy law is complex and your specific situation may differ from the examples given. For advice about your tenancy, contact Shelter, Citizens Advice, or a housing solicitor.