Councils given power to penalise landlords for unenforceable tenancy clauses

Councils given power to penalise landlords for unenforceable tenancy clauses

Council enforcement symbolised by a landlord facing regulatory oversight under new renters’ rights rules
12:02 AM, 9th January 2026, 3 months ago 86

The government has confirmed councils will be able to act against unenforceable clauses in tenancy agreements under the Renters’ Rights Act.

From 1 May 2026, all fixed-term tenancies will be banned and turn into periodic tenancies.

The government also warn landlords must provide prescribed information, a summary of tenancy and deposit details, or face a £7,00 fine.

Landlords will face heavy civil financial penalties enforced by councils

In response to a written question from Conservative MP Andrew Rosindell asking whether the Government would criminalise unenforceable clauses in tenancy agreements, Housing Minister Matthew Pennycook confirmed that such clauses will not be treated as criminal offences.

However, landlords could still face civil financial penalties enforced by local councils.

Mr Pennycook said: “Upon commencement on 1 May 2026, the relevant provisions of the Renters’ Rights Act 2025 will require landlords to provide their tenants with certain information about the terms of the tenancy in writing.

“Landlords will be able to comply with this requirement by including the information in a written tenancy agreement. Landlords who fail to provide the prescribed information could face a fine of up to £7,000 from their local authority.

“The Renters’ Rights Act also provides local authorities with powers to act against unenforceable clauses, such as requiring a tenant to sign a fixed term.”

Under the Renters’ Rights Act, councils now have the power to carry out surprise inspections, including entering premises where tenancy records are kept with or without a warrant.

Councils can also compel landlords, letting agents, and third parties (e.g., prop tech companies, banks, accountants, contractors) to provide documents and information related to housing compliance.


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Comments

  • Member Since April 2018 - Comments: 374

    10:18 AM, 9th January 2026, About 3 months ago

    What would you label this as?

  • Member Since November 2020 - Comments: 89

    10:44 AM, 9th January 2026, About 3 months ago

    This is a bit confusing, what is the certain information we need to provide the tenants on May 1st?
    They already have the details of the deposit registered, EPC, Gas & EICR certs with their existing AST, latest rent guide do we have to give all this again?

  • Member Since May 2021 - Comments: 392

    10:50 AM, 9th January 2026, About 3 months ago

    Well that is a relief to know that I won’t be a convicted criminal for some sort of minor misdemeanor like maybe failing to provide enough bog roll to wipe the tenants ar$e with ! Provide tenants with “certain information” ? Well let us all see a comprehensive list of all this “certain information” so that your council clowns haven’t got a reason to find us 000’s or is it too much to ask . Let’s also see a list of all the “unenforceable clauses” that will be frowned upon because I’m sure the clowns won’t need much encouragement in finding something that they don’t agree with. Finally what are the “documents and information related to housing compliance” ? All this is very ambiguous but I’m sure it’s fully intended so that each and every PRS landlord falls into a trap of some description. I just hope the clowns are getting their own ‘perfectly habitable houses’ in order before they start throwing stones at us.

  • Member Since December 2025 - Comments: 49

    10:58 AM, 9th January 2026, About 3 months ago

    So RRA bans eg fixed term tenancies. And councils now can take action if a landlord signs a tenancy agreement with a tenant which says it is fixed term. It won’t be a criminal offence.
    Where exactly is the news here? We knew it would be illegal due to RRA. So by definition somebody would then be getting a power to punish the illegality
    Is property118 just scaremongering ?

  • Member Since June 2018 - Comments: 17

    11:07 AM, 9th January 2026, About 3 months ago

    Some of my clauses include cutting the grass, cleaning windows, not lighting fires, not switching off ventilation, not smoking, reporting repairs, allowing access for repairs, inspections and certification.
    Just what is an ‘unenforceable’ clause, and who decides?
    Will we only find out in court?
    I dare say one or two of mine may well be unenforceable, but it gives the tenant an idea of good husbandry, and is something I can point to when things go too far.
    Most of my clauses came from other tenancy agreements or agents.
    Never tried to legally enforce one, they’ve all been broken at some time or other, but usually pointing to the tenancy helps resolve the situation.

  • Member Since July 2017 - Comments: 462

    11:43 AM, 9th January 2026, About 3 months ago

    Reply to the comment left by Wolfey at 09/01/2026 – 11:07
    As I mentioned in a previous post regarding trying to make tenants responsible for minimising condensation could be seen as an unreasonable request.
    Expecting your tenants to do all things you mention will certainly be regarded by some councils as unreasonable, almost bullying your tenants. After all tenants expect nothing else from you except quiet enjoyment of your property. Any problems are always the landlord’s fault or at least the landlord’s responsibility to put right.

  • Member Since April 2018 - Comments: 374

    11:45 AM, 9th January 2026, About 3 months ago

    Reply to the comment left by DGM at 09/01/2026 – 10:44
    I thought just a copy of the RRA, but it just becoming a mish mash of confusion.

  • Member Since April 2018 - Comments: 374

    12:01 PM, 9th January 2026, About 3 months ago

    Reply to the comment left by Dennis Forrest at 09/01/2026 – 11:43
    I think the condensation clause is currently enforceable or at least a letting agent put it in one of my Agreements without me requesting it.
    I assume letting agents have these TA drawn up by solicitors so any new TA should reflect what is or not enforceable.
    This could end up with landlords suing agents.

  • Member Since December 2025 - Comments: 49

    12:21 PM, 9th January 2026, About 3 months ago

    Erm
    The PQ answer referred to states

    “The Renters’ Rights Act also provides local authorities with powers to act against unenforceable clauses such as requiring a tenant to sign a fixed term.”

    so this is a very clear reference to any clauses which aren’t legal following RRA
    (fixed term, requiring rent in advance etc).

    It’s nothing to do with clauses about cutting the grass, maintenance and providing access which are not affected by RRA.

    Property118 scaremongering

  • Member Since April 2018 - Comments: 15

    12:36 PM, 9th January 2026, About 3 months ago

    Property 118 states “Under the Renters’ Rights Act, councils now have the power to carry out surprise inspections, including entering premises where tenancy records are kept with or without a warrant.”
    Firstly how does anyone know where my tenancy records are kept. The police can only enter my property with a proper executed warrant. There is no way anyone will enter my property without my permission, they may be in for a big shock! We need to hear from a legal representative who knows the law inside and out on these threats!

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