Renters' Rights Act 2025, Phase 1 commencement
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England · RRA 2025 · CRA 2015 · AST Clauses · Tenant Fees Act

Prohibited Tenancy Clauses UK 2026 — AST Compliance Guide

Clauses landlords cannot include in a tenancy agreement in England from 2026: RRA 2025 banned terms, Consumer Rights Act 2015 unfair clauses, Tenant Fees Act prohibited payment clauses, and a practical AST audit checklist.

9 min readUpdated 6 June 2026Last reviewed: 17 May 2026ASTProhibited ClausesRRA 2025CRA 2015

The Renters' Rights Act 2025 (from 1 May 2026) introduces new mandatory terms and outright prohibitions for all assured periodic tenancies in England. Combined with the Consumer Rights Act 2015 and Tenant Fees Act 2019, landlords who continue using pre-2026 standard ASTs without updating them risk serving invalid notices, losing possession proceedings, and facing civil penalties.

Clauses void under RRA 2025 (from 1 May 2026)

From 1 May 2026: fixed-term clauses (void), landlord break clauses (void), automatic rent-escalation clauses (void), bidding-up clauses (civil penalty), advance rent above one month as a condition (civil penalty), DSS/benefit exclusion clauses (civil penalty), absolute no-pet prohibitions (void -- individual requests must be considered on their merits).

Unfair clauses under the Consumer Rights Act 2015

  • Disproportionate exit fees: likely unfair and unenforceable
  • Unlimited landlord access with little notice: unfair beyond the statutory 24-hour right
  • One-sided liability exclusion clauses: unenforceable for personal injury, disrepair, statutory obligations
  • Unilateral variation rights (landlord can change terms without consent): unfair
  • Blanket prohibition on any decoration without consent: potentially unfair if disproportionate

Prohibited payment clauses (Tenant Fees Act 2019)

  • Admin, referencing, setup, inventory, check-in, checkout, and renewal fee clauses: prohibited
  • Late payment interest above 3% over BoE base rate: prohibited
  • Pet deposit pushing total above the 5-week cap: excess is a prohibited payment
  • Any clause requiring a payment not listed as permitted in the Tenant Fees Act 2019

AST audit checklist

  • Replace fixed-term with periodic-only for all new tenancies from 1 May 2026
  • Remove landlord break clause provisions
  • Remove automatic rent-escalation clause; reference Section 13 process instead
  • Replace absolute no-pet ban with a consent-required, reasonable-grounds clause
  • Remove DSS/benefit exclusion language
  • Remove all Tenant Fees Act prohibited payment clauses
  • Check late-payment interest: must not exceed 3% above BoE base rate
  • Review access and liability clauses against CRA 2015 guidance
  • Use NRLA-vetted AST template or have a solicitor review the updated agreement

Frequently asked questions

If my tenancy agreement contains a prohibited clause, does the whole agreement become void?+

No. A prohibited or unfair clause is severable -- the clause is void, but the rest of the agreement remains in force. Landlords should update their standard AST rather than rely on severance to correct multiple problematic clauses.

Can I still include a no-pets clause after the Renters' Rights Act 2025?+

An absolute no-pets prohibition is void under the RRA 2025. You may require written consent before a pet is kept, but you must consider each request on its merits and may only refuse on reasonable grounds.

Templates recommended in this guide

Found a gap or disagree with something?

Reply to any LetSafe email or write to Richard@letsafeuk.co.uk. We rewrite guides when we get something wrong, the sooner we hear, the sooner we fix it.

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