Unfair terms in your tenancy agreement: what you can challenge

A tenancy agreement is a contract. But that does not mean every part of it can be enforced. Consumer protection law gives you the right to challenge terms that are unfair or surprising. You can also challenge terms that try to take away rights the law gives you. This page explains what counts as an unfair term. It tells you which terms cannot be enforced, whatever the agreement says. It also tells you what to do if your landlord uses a term you think is unfair.

The legal framework

The Consumer Rights Act 2015 (CRA 2015) covers consumer contracts. Your tenancy agreement is one of these. Under the CRA:

• Unfair terms are not binding: If a term in a consumer contract is unfair, you do not have to follow it
• A term is unfair if: It goes against good faith. It also tips the balance of rights and duties against you, the tenant
• Transparency matters: A term must be written in plain, clear language. If it is not clear, the law reads it in your favour
• Core terms can also be assessed: The Act lets some core terms be checked, like the rent itself, if they are not clear and easy to see

Terms that are automatically unenforceable

Some rights cannot be signed away, whatever the tenancy agreement says. A term that tries to do this has no legal effect:

Section 11 repair duties: A landlord cannot use a tenancy agreement to pass their Section 11 repair duties to you. A clause that says "the tenant is responsible for maintaining the boiler" cannot be enforced. Nor can one that says "the tenant must repair all fixtures and fittings". This is true as far as it tries to remove the landlord's legal duty.

Deposit protection: A landlord must protect your deposit in an approved scheme within 30 days. They must also give you the prescribed information. A tenancy agreement cannot override this.

Notice requirements for repossession: The agreement cannot make the legal notice periods shorter. This applies to Section 21 and Section 8 notices.

The right to quiet enjoyment: A landlord cannot enter your home without proper notice. This is usually 24 hours. The one exception is a real emergency. A clause that lets the landlord come in whenever they want cannot be enforced.

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

Terms that are likely to be unfair

These types of clause often turn up in tenancy agreements. They often cannot be enforced under the Consumer Rights Act:

Disproportionate charges: Some clauses charge a lot for a small breach. An example is a £100 fee for every day the rent is late. These are likely to be unfair as a penalty clause.

Broad forfeiture or termination clauses: Some clauses let the landlord end the tenancy for a very minor breach. They try to skip the court possession process. These are likely to be unfair.

Blanket pet bans with punitive consequences: The Renters' Rights Act 2025 limits how far landlords can stop tenants from keeping pets. Older agreements may still have a total pet ban. These may not match the law as it stands now.

One-sided variation clauses: Some clauses let the landlord change the terms of the tenancy on their own. This does not count the set rent review process. These clauses are likely to be unfair.

Requirements to pay for professional cleaning: Some clauses say you must have the property cleaned by a professional when you leave. This is likely to be unfair if it asks for professional cleaning even when the property is already clean.

Requirements to pay for redecoration: Some clauses say you must redecorate when you leave. This is likely to be unfair if it asks for this even when no decorating is needed.

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: Say that you believe the term is unfair under the Consumer Rights Act 2015. Say that you do not accept it as binding
2. Seek advice: A housing adviser, Citizens Advice, or a solicitor can tell you if the term is likely to hold up
3. If it is about a deposit deduction: Challenge the deduction through the tenancy deposit scheme's dispute resolution service
4. If it is about a repair: The landlord's legal duties override any contract term that tries to remove them. Contact us if you need help standing up for your repair rights

Unfair terms and disrepair

Some tenancy agreements try to limit your right to complain about disrepair. Some try to charge you for repair reports. Others try to make you do repairs that are legally the landlord's job. None of these terms can be enforced. Is your landlord using a tenancy agreement term to dodge a repair they must do by law? 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