Tenants will pay the price for council’s entry threats warns landlord
5 months ago | 32 comments
Councils given power to penalise landlords for unenforceable tenancy clauses
12:02 AM, 9th January 2026, 4 months ago
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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.
Tags:
landlord fines, Matthew Pennycook, periodic tenancies, Renters’ Rights Act, Tenancy Agreements
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Member Since March 2018 - Comments: 182
9:47 AM, 10th January 2026, About 4 months ago
Reply to the comment left by Reluctant Landlord at 09/01/2026 – 19:40
However, the council may decide that the clauses you consider “fair” are unenforceable, and could fine you for including them. The only recourse is to replace existing contracts with one compliant with RRA and council wording. LOTS of money for solicitors again, that landlords will have to pay.
Member Since December 2025 - Comments: 49
10:05 AM, 10th January 2026, About 4 months ago
I think the guidance to not amend plus having to write to tell tenants about the implications of RRA ( and which clauses in a current contract no longer apply within that I expect) is what is intended to cover this.
If you are more risk averse you can amend contracts ahead of 1 may to remove any that you know will be unenforceable
(Break clauses, rent increase based on cpi clauses, requiring payment in advance, anything referring to the initial term, tenants giving 1 months notice only) and agree that with your tenants. But it’s not what either govt which has passed the legislation or nrla or others are saying is needed.
And yes fines can be overturned. See eg
Council admission led to property firm’s licensing fine cancellation https://share.google/VDIDwSNotCfPjv81e
Member Since March 2018 - Comments: 182
10:16 AM, 10th January 2026, About 3 months ago
I hope you’re right. The problem with “guidance” is that it is open to interpretation and doesn’t cover all aspects, so zealous councils can still fine people for having clauses they don’t like that are not included in the RRA or the Guidance.
How does a landlord appeal such a fine – does the landlord have to go to court to contest such council fines at their own expense?
Which landlord wants to volunteer to be the test case?
Member Since December 2025 - Comments: 49
10:50 AM, 10th January 2026, About 3 months ago
Reply to the comment left by Peter G at 10/01/2026 – 10:16
Peter G
The RRA gives councils extra powersato enforce things that aren’t allowed under RRA.
It does NOT give them powers relating to anything else. Try and find me something that says otherwise
So my clause about cutting the lawn may be unenforceable. But it is nothing to do with the RRA. And whether a council likes it or not and whatever our opinion of over zealous councils they have no power to fine me because of it.
There are millions of tenancy agreements and councils dont have the manpower to look through them all anyway, nor do they have access to them unless the tenant or you provide them voluntarily.
Member Since December 2025 - Comments: 49
10:55 AM, 10th January 2026, About 3 months ago
Peter G
The RRA gives councils extra powers to enforce things that aren’t allowed under RRA.
It does NOT give them powers relating to anything else. Try and find something that says otherwise
So my clause about cutting the lawn may be unenforceable. But it is nothing to do with the RRA. And whether a council likes it or not and whatever our opinion of over zealous councils they have no legal power to fine me because of it.
There are millions of tenancy agreements and councils dont have the manpower to look through them all anyway, nor do they have access to them unless the tenant or you provide them voluntarily. Nor have they been given funding to investigate clauses about cutting the lawn and it would be misuse of public funds for them to do so.
Member Since May 2021 - Comments: 392
11:00 AM, 10th January 2026, About 3 months ago
Reply to the comment left by DavidM at 09/01/2026 – 13:06
Thanks for the link, much appreciated. I’ve signed up to receive updates via that link. My cynical mind tells me the councils will try every trick in the book as they see prs landlords as easy targets for money. The more we are prepared for the onslaught the less they will bother us so once again thanks for the information.
Member Since December 2025 - Comments: 49
11:05 AM, 10th January 2026, About 3 months ago
Reply to the comment left by PH at 10/01/2026 – 11:00
PH
I actually since found out this is part of a set of 24 guidance notes to RRA from government to explain all the different bits in more detail
Google
‘Government gives landlords 24 different guides to Renters Rights Act’
Member Since May 2021 - Comments: 392
11:11 AM, 10th January 2026, About 3 months ago
Reply to the comment left by DavidM at 10/01/2026 – 11:05
Yes I followed that link as well which is very informative. Hopefully I will now receive any updates.
Member Since March 2018 - Comments: 182
11:46 AM, 10th January 2026, About 3 months ago
Reply to the comment left by DavidM at 10/01/2026 – 10:50
Sounds good! I hope you are right 👍
Member Since April 2018 - Comments: 374
12:14 PM, 10th January 2026, About 3 months ago
Reply to the comment left by DavidM at 10/01/2026 – 11:05
How jolly nice of them to give us guidance .All much too stressful especially if you are old .A plague on all their houses.
Why should the government/council worry about unenforceable clauses , because if they are unenforceable in a Court it would be a waste of landlord’s time and money taking a tenant to Court. Of course it’s just another “corrupt” excuse to steal money from hardworking landlords.