This article explores the tenancy agreement clauses landlords most commonly overlook and explains why each one deserves careful attention.
13/07/2026By Sunil Chander · Co-Founder
This article explores the tenancy agreement clauses landlords most commonly overlook and explains why each one deserves careful attention.
A tenancy agreement is the legal foundation of any landlord-tenant relationship. It defines the rights and obligations of both parties, and provides the evidence base for resolving disputes if things go wrong. Most landlords understand this in principle and the majority use a written agreement.
The problem is that many landlords rely on standard templates that are either out of date, insufficiently specific or missing clauses that only become important once a problem has already arisen. This article examines the tenancy agreement clauses landlords most commonly overlook and explains why each one deserves careful attention.
1. The pets clause
Few clauses generate more disputes than the one governing pets and few are handled with less precision. A blanket prohibition on pets has historically been the default position for most landlords and many agreements still contain a simple "no pets" statement and nothing more. That approach is no longer adequate.
From 1 May 2026, the Renters' Rights Act 2025 implies a statutory right in all private sector tenancies for tenants to request permission to keep a pet. Landlords must respond within 28 days with a decision and, if refusing, a valid written reason. A general preference for a pet-free property is unlikely to qualify. Blanket "no pets" clauses will no longer be enforceable in the way they previously were.
As such, a well-drafted pets clause should set out the process for making and responding to a pet request, specify any conditions that apply where permission is granted, address how pet-related damage will be treated at the end of the tenancy, and note any head lease restrictions that may affect consent.
2. The subletting clause
Unauthorised subletting is a risk many landlords underestimate, particularly given the rise of short-term letting platforms. Without a precisely worded subletting clause, a landlord may find their property listed on Airbnb, occupied by unreferenced individuals or operating in a way that breaches the mortgage or insurance conditions.
A robust subletting clause should explicitly prohibit the tenant from subletting the whole or any part of the property, taking in lodgers or assigning the tenancy without prior written consent. It should also make clear that only the individuals named on the tenancy agreement are permitted to occupy the property as their principal residence. Unauthorised subletting constitutes a breach of the tenancy agreement and can be used as a ground for possession under Section 8 but only if the prohibition is clearly documented in the first place.
3. The alterations clause
Without an explicit alterations clause, a landlord may have limited legal recourse if a tenant paints walls, installs shelving, replaces fixtures or makes structural changes without permission. The agreement should prohibit any alteration, addition or redecoration without the landlord's prior written consent and should specify that any approved changes must be reinstated to their original condition at the end of the tenancy unless otherwise agreed in writing. Without this clause and without a thorough inventory evidencing the property's condition at the outset, it becomes very difficult to make a deposit deduction for alterations or to require reinstatement.
4. The break clause
A break clause allows either party to end a fixed-term tenancy early, provided sufficient written notice is given beyond a specified point in the tenancy. Break clauses are frequently poorly drafted. The notice period, the date from which the clause can be activated, the form that notice must take, and which party can exercise it must all be specified precisely. A break clause that does not meet these requirements may be unenforceable at the point a landlord actually needs it.
It is also important to note that under the Renters' Rights Act 2025, fixed-term tenancies have been abolished from 1 May 2026, with all tenancies becoming rolling or periodic tenancies. Break clauses in existing agreements will no longer apply after that date, and possession will instead be governed by reformed grounds under Section 8. Landlords should familiarise themselves with the new grounds via GOV.UK guidance as these effectively replace the function that break clauses previously served.
5. Guarantor deed wording
A guarantor arrangement provides recourse against a third party if the tenant defaults on rent or causes damage. Many landlords reference a guarantor in the tenancy agreement itself, which is correct, but the guarantor's obligations must be set out in a separate, correctly executed deed of guarantee rather than folded into the main agreement. The wording of this deed is critical. Courts enforce guarantor agreements strictly according to how they are worded.
If the deed only refers to "rent," the landlord cannot pursue the guarantor for property damage or legal costs unless those liabilities are specifically included. The deed must be signed as a deed in the presence of a witness, particularly if it is executed after the tenancy agreement has already been signed by the tenant. At that point, the absence of fresh consideration means only a properly executed deed will be enforceable under the Law of Property (Miscellaneous Provisions) Act 1989. Landlords should also ensure the deed addresses whether the guarantor's liability extends beyond the original fixed term into any subsequent periodic tenancy. Without this, the guarantee may lapse precisely when arrears are most likely to accumulate.
6. Repairing obligations
Under Sections 11 to 14 of the Landlord and Tenant Act 1985, landlords have statutory repairing obligations covering the structure and exterior of the property, installations for water, gas, electricity and sanitation, and heating and hot water systems. These obligations apply regardless of what the tenancy agreement says and cannot be transferred to the tenant.
Where landlords most commonly err is in leaving the division of responsibility for minor repairs undefined. The agreement should specify clearly which minor maintenance tasks fall to the tenant, such as replacing light bulbs, unblocking drains or maintaining the garden, while making equally clear that structural and installation repairs remain the landlord's responsibility. It should also set out the process for reporting disrepair, including timescales and the form that notification should take. Without this clarity, disputes arise over what each party was responsible for and when they were notified.
Conclusion
A tenancy agreement is only as useful as the precision of its drafting. The clauses examined here represent the areas where landlords most frequently find themselves unprotected, not because they failed to use a written agreement, but because the agreement they used was too vague or incomplete to be relied upon when it mattered. With the Renters' Rights Act bringing significant changes from 1 May 2026, it is an important time for landlords to review their agreements, address any gaps, and ensure every clause reflects both current law and their specific circumstances.
FAQs
Q. What tenancy agreement clauses do landlords most commonly overlook?
A. The clauses most frequently missed or poorly drafted include the pets clause, the subletting prohibition, the alterations clause, the guarantor deed wording, and the division of repairing obligations. Each provides limited protection if it is vague, absent or legally deficient.
Q. How has the pets clause changed under the Renters' Rights Act 2025?
A. From 1 May 2026, tenants gain a statutory right to request permission to keep a pet. Landlords must respond within 28 days and provide valid written reasons for any refusal. Blanket "no pets" clauses will no longer be enforceable as they previously were.
Q. Why does the subletting clause matter so much?
A. Without a clearly worded clause, a landlord may find their property let out on short-term platforms or occupied by unreferenced individuals, potentially breaching mortgage or insurance conditions. It also provides a ground for possession under Section 8 if breached.
Q. What should the alterations clause cover?
A. It should prohibit any alteration, redecoration or addition without prior written consent and specify that approved changes must be reinstated at the end of the tenancy unless otherwise agreed in writing. A thorough inventory supports any related deposit deductions.
Q. Are break clauses still relevant after the Renters' Rights Act?
A. From 1 May 2026, fixed-term tenancies have been abolished and break clauses in existing agreements will no longer apply. Possession for new periodic tenancies is governed by reformed Section 8 grounds.
Q. What makes guarantor deed wording so important?
A. Courts enforce guarantor agreements strictly according to how they are worded. If the deed only mentions rent, the landlord cannot pursue the guarantor for damage or legal costs. The deed must be signed as a deed with a witnessed signature and should address whether liability extends beyond the original tenancy term.
Q. Does a guarantor deed need to be a separate document from a tenancy agreement?
A. Yes, while the tenancy agreement should reference the arrangement, the guarantor's obligations must be set out in a separate deed of guarantee.
Q. What are a landlord's statutory repairing obligations?
A. Under Sections 11 to 14 of the Landlord and Tenant Act 1985, landlords must maintain the structure and exterior, installations for water, gas, electricity and sanitation, and the heating and hot water system. These obligations cannot be transferred to the tenant by any clause in the agreement.
Q. Can a landlord make the tenant responsible for minor repairs?
A. Yes, within limits. The agreement can specify minor maintenance tasks falling to the tenant, such as replacing light bulbs or maintaining the garden. These should be clearly listed so there is no ambiguity about responsibility.
Q. Where can I find a legally sound tenancy agreement template?
A. The NRLA provides regularly updated tenancy agreement templates and supporting documents including guarantor deeds. Landlords with more complex arrangements should consider advice from a solicitor experienced in residential property law.
About the author
Sunil Chander
Co-Founder
Sunil oversees operations and compliance at Pauzible, drawing on his extensive experience as the founder and CEO of Dawnbud Limited, a financial services consulting firm. His prior career included senior roles in investment banking at Smith New Court and NatWest. He holds an MBA from LBS, M Litt from Oxford and a PhD from Cambridge.
tenancy agreementRenters' Rights Actlettingsguarantorlandlords
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