Councils given power to penalise landlords for unenforceable tenancy clauses

An unenforceable tenancy clause is one thing. That is a matter for a judge, if and when it is ever tested in court. But to convert that uncertainty into a routine, revenue-raising fining regime for cash-strapped councils exposes the sheer contempt this government, and the last, have for private sector landlords. This is not regulation; it is opportunistic extraction dressed up as enforcement.

And where were the so-called representative voices of private sector landlords when it actually mattered? Silent. Collecting fees. Nodding along. Content to be misled by government assurances while the ground was being cut from beneath their members’ feet. No other sector’s representatives would have tolerated this level of erosion without resistance. Their members are now enjoying inflation-busting pay rises, paid for in no small part by the deliberate weakening and scapegoating of the private rented sector.

The stable door is locked, and the stable itself is about to be burned down. Landlords should be furious. Members should be demanding answers from their representative bodies as to why they spent more than a decade gazing out of the window, issuing platitudes, while an entire sector was methodically dismantled.

I think I am correct in that existing ASTs wont have to be re-issued, any ‘made up’ clauses will simply become unenforcable. I think this new nonsense (which is actually a good thing as all futire ASTs will likely be the same) only applies to new ASTs issued on or after May 1st

Reply to the comment left by DavidM at 09/01/2026 – 10:58
Wont be a criminal offence but could be fineable by the Local Authority

Reply to the comment left by David at 10/01/2026 – 17:14
It’s not a case of which Periodic tenancy the landlord wants. It’s the initial drafting of the AST agreement.

If details what happens after the fixed term = Contractual Periodic
If silent= Statutory Period

Reply to the comment left by Badger at 10/01/2026 – 17:35
Not one good reason.

It’s the idiots that draft an AST agreement without detailing what happens at the end of the fixed term that have caused the problem.

Reply to the comment left by Paul Cunningham at 10/01/2026 – 19:25
ALL of this could have been avoided if my suggestion for ALL PRS landlords to issue a s21 when the Renters Reform Bill rose it’s head instead of being poo poo’d. As would have brought the government of the day to work WITH and not AGAINST landlords.

Still time to do this and make THIS government U-turn and repeal the RRA. Prospect of 4.7 million families (approx 10million people) homeless on the same day would work.

Reply to the comment left by GlanACC at 11/01/2026 – 07:01
Pims.co.uk imho are better

I use the government’s model AST.

I will offer my tenants a new assured tenancy agreement from 1st May. They could choose not to sign.

I’ll never offer a tenancy to a new tenant.

I will issue the government information for tenants that is due to be published in March.

Reply to the comment left by Judith Wordsworth at 11/01/2026 – 14:47
Would seem to be the only answer.

Would seem to be the only answer.