Your landlord is relying on a clause in your tenancy agreement, maybe to take a professional cleaning charge out of your deposit or to bill you a fee you never expected. You signed it, so it can feel like there's nothing to argue about. Often there is. Some clauses don't bind you, and money taken under one can be claimed back.
The Consumer Rights Act 2015 covers tenancy agreements made on or after 1 October 2015 with a landlord who lets as a business, which includes most landlords who let for profit. The Act covers England and Wales, but the housing rules below are England's. Wales has its own under the Renting Homes (Wales) Act 2016 and, for fees, the Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019.
What makes a tenancy clause unfair under the Consumer Rights Act 2015?
A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in your rights and obligations to your detriment (s.62). The test applies even if you negotiated the clause. Put simply, if a clause gives your landlord broad powers while stripping away your protections, it probably fails.
Courts weigh the whole contract, the circumstances when it was signed, and what the clause would let your landlord do, even if they haven't used it that way yet.
Terms must also be in plain, intelligible language. An unclear clause isn't void for that reason alone, but if it could mean more than one thing, the reading most favourable to you applies (s.69).
There's a carve-out. The test can't be used on the home being let or on a complaint that the rent is too high for what you get, as long as those terms are transparent and prominent (s.64). Terms on the Act's grey list in Schedule 2 never get that protection, and terms that only repeat what the law requires sit outside the test (s.73).
A professional cleaning clause doesn't even need the fairness test. In England, the Tenant Fees Act 2019 bans a landlord from requiring you to pay for a professional clean or to hire a cleaning firm (s.1), and a term that does either doesn't bind you (s.4). Your landlord can still claim for cleaning needed to return the home to its check-in condition, allowing for fair wear and tear.
Which unfair tenancy clauses most often cost tenants money?
These come up most often.
- Repair duties pushed onto you. A clause that shifts or limits your landlord's repairing duties under the Landlord and Tenant Act 1985 has no effect (ss.11(4) and 12).
- Blanket "any damage" deductions with no process and no mention of fair wear and tear.
- Rent rises outside Section 13. For private tenancies since 1 May 2026, a term allowing a higher rent other than through a Section 13 notice or a tribunal decision has no effect (Housing Act 1988, s.13(4A)). You don't need to argue that it's unfair.
- An outright pet ban. Since 1 May 2026, a private landlord can only refuse a written pet request on reasonable grounds, and must reply within 28 days (Housing Act 1988, ss.16A–16B).
- Entry without notice. The law lets a landlord inspect the state of repair at reasonable times on 24 hours' written notice (Landlord and Tenant Act 1985, s.11(6)). Outside a genuine emergency, a clause letting them in whenever they like is likely to be unfair.
Which tenancy clauses are unenforceable goes through each one.
Can tenants claim money back under an unfair tenancy clause?
Yes. An unfair term doesn't bind you (Consumer Rights Act 2015, s.62). Your landlord can't enforce it, money you paid under it should be repaid, and the rest of the agreement carries on as far as possible (s.67).
Only a court can finally decide that a term is unfair, so refusing to comply carries some risk if a court later disagrees. If your landlord sues, the court must consider fairness even if you don't raise it, as long as it has enough information to do so (s.71), so raise it anyway.
If your landlord misled you by what they said or did, not just by leaving something out, or pressured you, and that was a significant factor in your decision, consumer protection law may let you unwind the tenancy within 90 days of the later of signing and the tenancy starting, or claim a discount or damages instead. Tenant remedies for unfair trading practices explains how.
What to put in a letter challenging an unfair tenancy clause
Write to your landlord first. A precise letter is harder to dismiss than "this feels unfair".
- Name the clause and the problem. For example, "Clause 14 requires a professional clean, which breaches section 1 of the Tenant Fees Act 2019 and is unfair under section 62 of the Consumer Rights Act 2015."
- Say what you want. Repayment of a set sum, or confirmation that the clause won't be enforced.
- Attach your evidence. The signed agreement, the check-in inventory, photos and any messages about the clause.
- Give a deadline. Follow any pre-action protocol that applies. Otherwise, the Practice Direction on Pre-Action Conduct expects a reasonable time to reply. That can be 14 days for a simple case, longer for a complex one.
Which court hears an unfair tenancy clause claim?
The county court decides whether a clause is unfair, in a claim you bring or as your defence if your landlord sues. You claim back money the clause cost you there too. The small claims track handles claims up to £10,000 and is designed to be used without a solicitor.
The First-tier Tribunal (Property Chamber) doesn't make general unfair-terms rulings. You can apply there to get back a payment the Tenant Fees Act 2019 bans, such as a charge for professional cleaning, and the tribunal can order your landlord to repay it within 7 to 14 days of the order (s.15).
The tribunal also hears rent-increase challenges on Form MR1. MR1 carries a fee unless your landlord's notice is dated before 1 May 2026 or you rent social housing, and Help with Fees can reduce or cover it. Check the current amount on GOV.UK.
Your local council can also investigate a banned fee, help you get it back and fine your landlord.
Reporting the term to the Competition and Markets Authority, whose unfair contract terms guidance was revised in July 2026, won't return your money.
Getting a cleaning deduction back through the TDS, DPS or mydeposits
A deduction from a protected deposit can go to the scheme's free dispute service or the county court. An adjudicator shouldn't uphold a deduction that rests only on an unenforceable clause. It can still award your landlord the reasonable cost of putting right damage or dirt beyond fair wear and tear, so your check-in inventory and move-out photos matter.
Once both sides' evidence is in, the adjudicator usually decides within 28 days, but the whole process typically takes several weeks. Each scheme sets its own deadline for raising a dispute.
If your deposit wasn't protected within 30 days, or you weren't given the prescribed information, that is a separate claim. The court must award you between one and three times the deposit (Housing Act 2004, s.214), and deposit protection compensation explains how to claim it.
If a clause is being used against you, Remedy can check it against the fairness test and the Tenant Fees Act, then draft your letter to the landlord and help you organise evidence for the scheme. The first assessment is free.
