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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