Tenancy Agreements: What You Can and Cannot Be Held To

Last updated: 1 May 2026Checked against primary legislation on legislation.gov.uk

A tenancy agreement is a legally binding contract between you and your landlord. But not everything a landlord writes into a tenancy agreement is enforceable. The law gives tenants important protections, some terms are automatically unfair, some rights cannot be signed away, and landlords cannot use a contract to take away rights the law gives you. This guide explains what your tenancy agreement must contain, what clauses may be unenforceable, and what rights you have regardless of what the contract says.

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Types of tenancy agreement

Most private renters in England and Wales have an Assured Shorthold Tenancy (AST). This is the default type of tenancy if you:

✓Rent from a private landlord (not a housing association or council)
✓Pay rent between £1,000 and £100,000 per year
✓Live in the property as your main home
✓The tenancy started after 15 January 1989

Other tenancy types include:

Fixed-term tenancy

A tenancy for a set period, commonly 6 or 12 months. You are committed to paying rent for the full term. The landlord cannot evict you during the fixed term without grounds (unless there is a break clause).

Periodic tenancy

A rolling tenancy, week-to-week or month-to-month, depending on how rent is paid. Either party can end it with the correct notice. Most fixed-term tenancies become periodic automatically after the fixed term ends.

Excluded tenancy (lodger)

If you live with your landlord and share facilities, you are a lodger with an excluded tenancy. You have fewer rights, the landlord can evict you with reasonable notice (often just their notice period in your agreement, or reasonable notice).

What must your landlord give you?

At the start of your tenancy, your landlord is legally required to provide:

✓A copy of the tenancy agreement (signed by both parties)
✓The government's 'How to Rent' guide (England only), failure to provide this prevents the landlord from serving a valid Section 21 notice
✓A gas safety certificate (if the property has gas), updated annually
✓An Energy Performance Certificate (EPC), a copy before you sign
✓Deposit information: confirmation that your deposit is protected in a government-approved scheme within 30 days, with the Prescribed Information
✓If the property was built before 1996: a copy of the asbestos survey (if one exists)

If your landlord fails to protect your deposit or provide the Prescribed Information, you can claim compensation of 1 to 3 times the deposit amount in court, and your landlord cannot serve a valid Section 21 eviction notice until they comply. This is a significant penalty, many tenants successfully use it as leverage.

Unfair terms, what clauses are unenforceable?

Under the Consumer Rights Act 2015, a term in your tenancy agreement is unfair, and therefore unenforceable, if it creates a significant imbalance between your rights and your landlord's rights, to your detriment. Common unenforceable clauses include:

✓Blanket bans on pets, courts are increasingly finding these unfair if not linked to a genuine reason; the Renters' Rights Bill (when enacted) will further restrict blanket pet bans
✓Charges for simply requesting permission to have a pet, sublet, or make alterations
✓Requiring you to pay the landlord's or agent's legal costs in any dispute regardless of outcome
✓Making you responsible for repairs that are legally the landlord's responsibility (structural repairs, gas, electrics, heating, hot water)
✓Disproportionate penalties, e.g. losing your entire deposit for minor wear and tear
✓Terms that require you to pay rent without any right to withhold it even if the property is uninhabitable
✓Clauses attempting to stop you from contacting the council, Environmental Health, or the Ombudsman
✓Terms preventing you from exercising legal rights, e.g. preventing you from requesting repairs
✓Automatic renewal clauses that bind you without your knowledge or clear consent

You do not need a court to tell you a clause is unenforceable, you can simply refuse to comply with an unfair term. However, if a dispute arises, a court or tribunal will make the final call. Keep records of all correspondence with your landlord about disputed clauses.

Rights you cannot sign away

Certain rights are given to you by law and cannot be removed by a tenancy agreement, no matter what the contract says:

✓Right to live in a property that is fit for human habitation (Homes (Fitness for Human Habitation) Act 2018)
✓Right to have structural repairs, gas, electricity, heating, and hot water maintained by the landlord (Landlord and Tenant Act 1985, s.11)
✓Right to have your deposit protected in an approved scheme
✓Right to at least 2 months' notice before eviction via Section 21 (England) or the correct notice period
✓Right to peaceful enjoyment of the property, the landlord cannot enter without at least 24 hours' written notice
✓Right not to be illegally evicted or harassed (Protection from Eviction Act 1977)
✓Right to challenge a rent increase (Rent Acts provisions, Rent Tribunal in England, Rent Officer in Wales)
✓Protection from retaliatory eviction if you have reported repair issues (Deregulation Act 2015)

Rent increase clauses

Your tenancy agreement may contain a rent review clause, or your landlord may try to increase your rent without one:

✓During a fixed term: your landlord can only increase your rent if your agreement contains a specific rent review clause, otherwise rent is fixed for the fixed term
✓On a periodic tenancy: your landlord can increase rent once per year by serving a Section 13 notice (Form 4) giving at least 1 month's notice (or 6 months if rent is paid annually)
✓You can challenge a rent increase as above-market by applying to the First-tier Tribunal (Property Chamber) within 1 month of receiving the Section 13 notice, rent will be assessed at market rate
✓A landlord cannot increase rent more than once per year on a periodic tenancy via Section 13
✓Some agreements contain automatic annual increases (e.g. 'rent increases by CPI each April'), these are generally enforceable if clearly stated
✓The Renters' Rights Bill proposes further reforms to rent increase mechanisms, check gov.uk for updates

If you receive a Section 13 notice you think is too high, apply to the Tribunal immediately, you must do so within 1 month of receiving the notice. Once you apply, the rent is frozen until the Tribunal decides. You do not lose anything by challenging, the Tribunal can only set market rent, not above.

Pets, alterations, and subletting

Many tenants are confused about what they need permission for and what happens if they breach these clauses:

Pets

A clause banning pets is currently enforceable if it is clearly stated. However, a blanket refusal is increasingly being challenged as unfair. Under the Renters' Rights Bill, landlords will not be able to unreasonably refuse a request to keep a pet. Even now, if your landlord refuses permission and you genuinely need a pet for disability reasons (e.g. assistance dog), a refusal may constitute disability discrimination.

Alterations and decorating

Most tenancy agreements require you to ask permission before making any alterations, including painting walls. You do not need permission for minor things like hanging pictures (though you may be charged for holes at check-out). Landlords cannot unreasonably refuse reasonable decorating requests. Any alterations made without permission may result in a deduction from your deposit.

Subletting

Most ASTs prohibit subletting without written permission. Subletting without permission is a breach of your tenancy that can lead to eviction. If you need a flatmate, ask your landlord in writing. Platforms like Airbnb are almost always prohibited, using them without permission can end your tenancy and you may also breach planning rules.

Ending the tenancy, your obligations

When you want to leave, your obligations depend on whether you are in a fixed term or periodic tenancy:

✓Fixed-term tenancy: you are liable for rent until the end of the fixed term, unless your landlord agrees to an early release ('surrender') or there is a break clause
✓Break clause: check your agreement, a break clause allows either party to end the tenancy at a specific point during the fixed term, usually by giving 1 to 2 months' notice
✓Periodic tenancy: give at least 1 month's notice (if monthly tenancy) or 4 weeks' notice (if weekly), ending on the last day of a rental period
✓Give notice in writing, keep a copy. Some agreements specify the required form of notice
✓If you leave a fixed-term early without a break clause and without the landlord's agreement, you may be liable for rent until a new tenant is found (the landlord must mitigate losses by re-advertising)
✓Joint tenancies: if one tenant gives notice, it may end the tenancy for all joint tenants, get legal advice before any joint tenant gives notice

Deposit deductions, what is fair?

At the end of your tenancy, your landlord may attempt to deduct from your deposit. Not all deductions are lawful:

✓Landlords can only deduct for: unpaid rent, damage beyond fair wear and tear, missing items listed in the inventory, cleaning costs if the property is left dirtier than at check-in
✓Fair wear and tear: normal deterioration during use, scuff marks on walls, minor carpet wear, faded paint, cannot be charged for
✓Age and condition: deductions must account for the age and condition of items at the start of the tenancy, if the carpet was old when you moved in, you cannot be charged for a full replacement
✓Inventory: if there was no check-in inventory, it is very difficult for a landlord to prove what the property's condition was at the start
✓Disputes: if you disagree with deductions, use the free dispute resolution service offered by your deposit protection scheme before it expires
✓If your deposit was not protected: you can claim compensation of 1 to 3 times the deposit amount through the county court

Take detailed photographs at move-in and move-out. If there is a check-in inventory, review it carefully and note any discrepancies in writing within 48 hours. Photographs are your best defence against unfair deductions, they are hard to dispute.

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Frequently asked questions

Is my tenancy agreement legally binding?

Yes, a tenancy agreement is a legally binding contract. However, not all clauses in it are enforceable. Under the Consumer Rights Act 2015, any term that creates a significant imbalance against you may be ruled unfair and therefore unenforceable. Rights given to you by law, such as the right to have repairs done, deposit protection, and protection from illegal eviction, cannot be removed by a tenancy agreement.

Can my landlord put a no-pets clause in my tenancy?

Currently, a clearly stated no-pets clause is generally enforceable. However, a blanket refusal to allow pets on request may be challenged as unfair in some circumstances. The Renters' Rights Bill (when enacted) will require landlords to have a genuine reason for refusing a pet request. If you need a pet for disability reasons (e.g. an assistance dog), a refusal may constitute disability discrimination under the Equality Act 2010.

Can my landlord increase my rent during a fixed-term tenancy?

No, unless your tenancy agreement contains a specific rent review clause. During a fixed term, your rent is fixed. On a periodic (rolling) tenancy, your landlord can increase rent once per year by serving a Section 13 notice with at least 1 month's notice. You can challenge this at the First-tier Tribunal (Property Chamber) if you think the proposed rent is above market rate, you must apply within 1 month of receiving the notice.

What happens if I leave before the end of my fixed-term tenancy?

If you leave a fixed-term tenancy early without a break clause and without your landlord's agreement, you may remain liable for rent until the end of the fixed term, or until a new tenant is found. Your landlord has a duty to mitigate losses by trying to re-let the property. If they fail to do so, any ongoing rent liability may be challenged. Always try to negotiate an early release ('surrender') with your landlord in writing.

Can my landlord deduct the full deposit for cleaning?

Only if the property was left in a significantly worse condition than at the start of the tenancy. Landlords cannot charge for fair wear and tear, normal use over time. Any deduction must be proportionate and evidence-based. If no check-in inventory exists, it is very difficult for the landlord to prove the starting condition. Use your deposit scheme's free dispute resolution service if you disagree with deductions.

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Know Your Rights UK. "Tenancy Agreements: What You Can and Cannot Be Held To." Know Your Rights UK, https://www.knowyourrightsuk.com/housing/tenancy-agreements