7 Illegal Clauses Landlords Can't Include in Your Tenancy Agreement

Just because it's written in a contract doesn't mean it's legal. Tenancy agreements are not above the law — and landlords who include unlawful clauses cannot enforce them, no matter what the document says.

The problem is that most tenants don't know which clauses cross the line. They sign, assume it's all valid, and then feel trapped.

Here are seven clauses that are either outright illegal or unenforceable under UK law.

1. Clauses That Charge Prohibited Fees

The Tenant Fees Act 2019 abolished most charges that landlords and letting agents could previously pass on to tenants. Any clause that requires you to pay for something on the prohibited list is unlawful.

You cannot legally be charged for:

• Referencing or credit checks
• Administrative fees
• Inventory fees (for the check-in)
• Viewing fees
• Guarantor arrangement fees
• Renewal fees when extending a tenancy

You can still be charged for:

• Rent
• A refundable tenancy deposit (capped at 5 weeks' rent)
• A refundable holding deposit (capped at 1 week's rent)
• Utilities, council tax, and TV licence (if the tenancy agreement passes these on)
• Reasonable default charges (e.g. replacing lost keys)

If your agreement includes any prohibited charges, that clause is void. The landlord cannot enforce it, and attempting to do so is a criminal offence.

2. Clauses That Waive Your Right to a Habitable Property

Every tenant in England and Wales has a right to live in a property that is safe, wind and water-tight, and free from serious hazards — regardless of what any contract says.

This right comes from the Landlord and Tenant Act 1985, specifically Section 11, which implies a repairing covenant into every short tenancy. No clause in a tenancy agreement can override this statutory duty.

You may see clauses that try to:

• Make tenants responsible for structural repairs
• Limit the landlord's repair obligations to cosmetic issues only
• Require tenants to pay for repairs up to a certain amount before involving the landlord

These are unenforceable to the extent they conflict with the Section 11 duty.

3. Clauses That Prevent You Contacting the Council

Some landlords include clauses — explicit or disguised — that discourage tenants from reporting disrepair to the local council or taking legal action. These are commonly called "gagging clauses" and they are unenforceable.

You have an absolute right to:

• Report hazards to the local housing authority
• Request a Housing Health and Safety Rating System (HHSRS) inspection
• Apply to the Residential Property Tribunal
• Contact Shelter, Citizens Advice, or a solicitor

Any clause that tries to restrict these rights is void as a matter of public policy.

4. Clauses That Charge Excessive Deposit Amounts

Since 2019, the maximum deposit a landlord can take is 5 weeks' rent (for annual rent under £50,000) or 6 weeks' rent (for annual rent of £50,000 or above).

If your tenancy agreement requires a deposit higher than this, the excess is unlawful. The landlord is required to return the overage, and failure to do so can result in financial penalties.

Additionally, the deposit must be protected in a government-approved scheme (TDS, DPS, or MyDeposits) within 30 days of receipt. A clause that says the landlord can hold the deposit outside of a scheme — or that attempts to contract out of protection requirements — is void.

5. Clauses That Allow Unlawful Entry

Your landlord has a legal right to access the property — but only with at least 24 hours' written notice and at a reasonable time of day, except in genuine emergencies.

The Landlord and Tenant Act 1985 codifies this, and a clause that attempts to permit shorter notice periods, random access, or entry without notice is unenforceable.

If your landlord enters without proper notice, this can constitute a form of harassment under the Protection from Eviction Act 1977.

6. Clauses That Discriminate

The Equality Act 2010 prohibits discrimination in the provision of housing on the basis of protected characteristics. These include:

• Age
• Disability
• Gender reassignment
• Pregnancy and maternity
• Race (including nationality and ethnicity)
• Religion or belief
• Sex
• Sexual orientation

A clause that singles out tenants based on any of these characteristics — for example, imposing additional obligations on tenants with disabilities, or restricting occupation based on nationality — is unlawful and void.

The infamous "No DSS" (refusing tenants on Housing Benefit) has also been found unlawful by courts as indirectly discriminatory.

7. Clauses That Attempt to Evict You Without Proper Process

Perhaps the most important: no clause in a tenancy agreement can override the legal eviction process.

A landlord cannot:

• Include a clause saying they can end the tenancy immediately for any reason
• Claim a right to change the locks without a court order
• Require you to leave without proper notice under Section 8 (now that Section 21 has been abolished)
• Include penalties that are designed to pressure you into leaving

Even if you've breached the tenancy agreement, a landlord must follow the correct legal process to obtain possession. Self-help eviction (changing locks, removing your belongings, harassment) is a criminal offence under the Protection from Eviction Act 1977.

What to Do If Your Agreement Contains These Clauses

Don't panic — and don't just sign. Here's what to do:

1. Identify the clause — mark every clause that concerns you
2. Write to the landlord or agent — politely point out which clauses appear to conflict with specific legislation and ask for them to be removed
3. Get it in writing — if they agree to remove a clause, ensure you get a signed amended agreement, not just a verbal promise
4. Seek advice — Citizens Advice and Shelter both offer free guidance. If a landlord refuses to amend clearly unlawful clauses, that's a serious red flag

Remember: the presence of an unlawful clause doesn't automatically make the entire agreement void — in most cases, that specific clause simply cannot be enforced.

Disclaimer: This article is for general information only and does not constitute legal advice. For advice specific to your situation, consult a qualified solicitor or contact Citizens Advice (citizensadvice.org.uk).