Using an outdated AST template from before May 2026 is one of the most common compliance risks facing landlords after the Renters' Rights Act commencement. Clauses that were standard practice under the old regime — fixed terms, rent review escalators, blanket pet bans — are now either void, unenforceable, or actively illegal.
A well-drafted Periodic Assured Tenancy Agreement protects the landlord by clearly setting out the parties' obligations, providing evidence of agreed terms in a dispute, and ensuring that the landlord's possession rights (via Section 8) are not undermined by a defective tenancy document.
Rent clause — what the agreement must include
The rent clause is the most important clause in the tenancy agreement:
- The contractual rent amount and rental period (e.g. '£1,200 per calendar month')
- The rent due date (e.g. 'payable on the 1st of each month in advance')
- Accepted payment methods — bank transfer (BACS) is standard; avoid cash unless you issue receipts
- Do NOT include a rent review clause — rent can only be increased via the Section 13 statutory procedure (Form 4A, once per 12 months, 2 months' notice). A contractual rent review clause does not override this
- Do NOT include rent escalator clauses (e.g. 'rent increases by RPI annually') — these are unenforceable as a substitute for the Section 13 procedure
Repair and maintenance obligations
The agreement should clearly set out repair responsibilities — both landlord and tenant:
- Landlord obligations (Section 11): Structure and exterior, heating and hot water, gas, electricity, and water installations — these cannot be excluded regardless of what the agreement says
- Tenant obligations: Use the property in a tenant-like manner, report defects promptly, not cause damage, not carry out repairs without consent
- Damp and mould reporting: Include a clause requiring the tenant to report damp, mould, condensation, or any water ingress promptly — this supports Awaab's Law compliance and demonstrates the landlord was not aware of an unreported hazard
- Garden maintenance: Clearly allocate garden responsibilities — courts have refused deposit deductions where the agreement was ambiguous
- Decorating: Specify whether the tenant may redecorate and in what circumstances (with written consent, approved colours only, or freely)
Pet clause — new mandatory obligations under RRA 2025
The Renters' Rights Act 2025 fundamentally changes the law on pets in rented property:
- A blanket 'no pets' clause is not enforceable — the landlord must consider any written pet request on its individual merits
- The landlord must respond to a pet request in writing within 28 days — silence or delay is treated as unreasonable refusal
- Refusal must be on reasonable grounds — objectively valid reasons include: the property is a flat without garden access, the lease prevents pets, the building is unsuitable for the type of animal
- Include a pet clause setting out the process: tenant to apply in writing with details of the animal; landlord to respond within 28 days; conditions of consent (pet damage insurance, specialist cleaning at end of tenancy)
- A separate pet damage deposit of up to one week's rent is now permitted alongside the main 5-week deposit — specify this in the agreement if you intend to use it
Subletting and assignment clause
Under the Renters' Rights Act 2025, tenants have new subletting rights:
- Tenants have a statutory right to request consent to sublet a room (not the whole property) — landlords must respond within 42 days and can only refuse on reasonable grounds
- Include a subletting clause requiring written consent — with the landlord's right to set reasonable conditions on any subletting
- Subletting the entire property without consent remains a Ground 12 breach (discretionary Section 8 possession ground)
- Assignment (transferring the tenancy to a new tenant) requires landlord consent — include an explicit prohibition on assignment without written consent
Landlord access clause
The access clause must reflect the legal minimum — it cannot override the tenant's statutory rights:
- The landlord must give at least 24 hours' written notice before entering the property for any purpose (inspection, repair, viewing)
- A clause purporting to allow entry with less than 24 hours' notice, or without notice, is unenforceable — the tenant can seek an injunction
- Specify the agreed method for giving notice (email, post, or text message) — email is recommended to create a timestamped record
- Include an emergency access exception: the landlord may enter without notice in a genuine emergency (e.g. burst pipe, fire, gas escape)
Clauses that are now void or unenforceable (post-1 May 2026)
Remove these clauses from any agreement used for new tenancies from 1 May 2026:
- Fixed-term clause: Any clause purporting to create a fixed term (e.g. '12-month tenancy') is void — all new tenancies are periodic by statute
- Break clause: Landlord break clauses tied to a fixed term are void — the landlord must use Section 8 grounds to recover possession
- No DSS/no UC clause: Refusing to let to Universal Credit recipients is unlawful — such a clause is unenforceable and potentially discriminatory
- Rent escalator in lieu of Section 13: Any clause purporting to allow rent increases without following the Section 13 / Form 4A procedure is void
- Blanket pet prohibition: Unenforceable to the extent it prevents the tenant from exercising their statutory right to request a pet
- Entry without 24-hour notice: Any clause purporting to allow inspection without 24 hours' written notice is unenforceable
- Waiver of deposit protection: Any clause attempting to waive the deposit protection obligation (within 30 days, with Prescribed Information served) is void
Frequently asked questions
Can I still use my existing AST template for new tenancies from 1 May 2026?+
Only if it has been updated to reflect the Renters' Rights Act 2025. An unmodified pre-May 2026 AST template will contain clauses that are now void (fixed-term clause, rent review escalator, blanket pet ban), and it will not reflect new obligations (pet request procedure, subletting rights, Section 13 rent increase procedure). Using an outdated template does not invalidate the tenancy, but specific void clauses will be unenforceable and may expose you to challenges.
What happens if a clause in my tenancy agreement is unenforceable?+
The rest of the tenancy agreement remains valid — an unenforceable clause is severed from the agreement but does not void the entire document. However, you cannot rely on the unenforceable clause in a dispute. For example, a clause allowing entry without notice is unenforceable: if you enter without 24 hours' notice relying on that clause, the tenant can seek an injunction and damages even though the tenancy itself remains valid.
Can a landlord refuse a pet request after the Renters' Rights Act 2025?+
Yes, but only on reasonable grounds — a blanket refusal is not permitted. Reasonable grounds include: the property is a leasehold flat whose lease prohibits pets; the property is unsuitable for the specific animal requested (e.g. a large dog in a small studio); health and safety concerns (e.g. the property has a child with a severe pet allergy and the tenant has disclosed this). Each request must be assessed on its individual merits. Failure to respond within 28 days is treated as unreasonable refusal.
How do I increase rent under the new rules?+
All rent increases for Periodic Assured Tenancies must be made via the Section 13 procedure: serve Form 4A on the tenant, giving at least 2 months' notice, and the increase cannot take effect more than once in any 12-month period. Contractual rent review clauses, escalator clauses, and landlord break clauses tied to rent are not valid substitutes for this procedure. The tenant can challenge the proposed increase at the First-tier Tribunal within the notice period.