Unfair terms in your tenancy agreement: what you can challenge

A tenancy agreement is a contract, but that does not mean everything in it is enforceable. Consumer protection law gives tenants rights to challenge terms that are unfair, surprising, or that attempt to remove rights the law gives you. You will find out what counts as an unfair term, which terms cannot be enforced however the agreement phrases them, and what to do if your landlord relies on a term you think is unfair.

The legal framework

The Consumer Rights Act 2015 (CRA 2015) applies to consumer contracts, which includes tenancy agreements. Under the CRA:

• Unfair terms are not binding: A term in a consumer contract is not binding on the consumer if it is unfair
• A term is unfair if: It is contrary to good faith, and creates a significant imbalance in the parties' rights and obligations to the detriment of the consumer
• Transparency matters: A term must be expressed in plain, intelligible language. If it is not, ambiguity is resolved in favour of the tenant
• Core terms can also be assessed: The Act allows some assessment of core terms (like the rent itself) if they are not transparent and prominent

Terms that are automatically unenforceable

Some rights cannot be contracted out of regardless of what the tenancy agreement says. A term that attempts to do so has no legal effect:

Section 11 repair duties: A landlord cannot use a tenancy agreement to transfer their Section 11 repair obligations to the tenant. A clause that says "the tenant is responsible for maintaining the boiler" or "the tenant must repair all fixtures and fittings" is not enforceable insofar as it purports to remove the landlord's statutory duty.

Deposit protection: A landlord must protect the deposit in an approved scheme within 30 days and serve the prescribed information. A tenancy agreement cannot override this.

Notice requirements for repossession: The statutory notice periods for Section 21 and Section 8 notices cannot be shortened by agreement.

The right to quiet enjoyment: A landlord cannot enter your home without proper notice (usually 24 hours) except in a genuine emergency. A clause giving the landlord unlimited access at will is not enforceable.

Harassment and illegal eviction: No clause in a tenancy agreement can permit harassment or illegal eviction.

Terms that are likely to be unfair

The following types of clause commonly appear in tenancy agreements and are frequently unenforceable under the Consumer Rights Act:

Disproportionate charges: Clauses that impose very high charges for minor breaches, such as a £100 fee for every day rent is late, are likely to be unfair as a penalty clause.

Broad forfeiture or termination clauses: Clauses that purport to allow the landlord to terminate the tenancy for very minor breaches, without going through the court possession process, are likely to be unfair.

Blanket pet bans with punitive consequences: The Renters' Rights Act 2025 limits the ability of landlords to prevent tenants from keeping pets. Older tenancy agreements containing blanket pet bans may not reflect the current legal position.

One-sided variation clauses: A clause allowing the landlord to change the terms of the tenancy unilaterally (other than through the prescribed rent review process) is likely to be unfair.

Requirements to pay for professional cleaning: A clause requiring a tenant to have the property professionally cleaned at the end of a tenancy, regardless of condition, is likely to be unfair if it requires professional cleaning even where the property is already clean.

Requirements to pay for redecoration: A clause requiring the tenant to redecorate at the end of the tenancy, regardless of whether any decoration is needed, is likely to be unfair.

What to do if your landlord relies on an unfair term

If your landlord is trying to enforce a term you think is unfair:

1. Put your objection in writing: State that you believe the term is unfair under the Consumer Rights Act 2015 and that you do not accept it as binding
2. Seek advice: A housing adviser, Citizens Advice, or a solicitor can advise on whether the term is likely to be enforceable
3. If it is about a deposit deduction: Dispute the deduction through the tenancy deposit scheme's dispute resolution service
4. If it is about a repair: The landlord's statutory duties override any contractual term that purports to remove them, contact us if you need help asserting your repair rights

Unfair terms and disrepair

Tenancy agreements sometimes include terms that attempt to restrict the tenant's right to complain about disrepair, to impose charges for repair reports, or to require the tenant to carry out repairs that are legally the landlord's responsibility. None of these terms are enforceable. If your landlord is relying on a tenancy agreement term to avoid carrying out a repair they are legally required to do, contact us.

Call us on 0800 030 4669.

Sources

• Consumer Rights Act 2015 (legislation.gov.uk)
• Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)

Related articles

• How to read your tenancy agreement
• Licence to occupy vs tenancy, explained
• What is Section 11?
• Tenant responsibility, minor repairs