Tenancy Agreement Mistakes UK Landlords Make

A poorly drafted tenancy agreement doesn't just create admin headaches — it can leave landlords unable to recover unpaid rent, regain possession, or enforce basic obligations. Here are the most common mistakes UK landlords make with tenancy agreements in 2026, many of which have become even more consequential following the Renters' Rights Act 2025.

Mistake 1 — Using an Outdated Template

The Renters' Rights Act 2025 fundamentally changed residential tenancy law in England. Fixed-term ASTs no longer exist. Section 21 is abolished from May 2026. Any template written before 2025 is likely non-compliant. Using an outdated agreement doesn't void the tenancy, but it may contain unenforceable clauses and will almost certainly lack the new required provisions.

Mistake 2 — Not Protecting the Deposit in Time

The deposit must be protected in a government-approved scheme within 30 days of receipt. Failure to do this means the landlord cannot serve a valid Section 8 notice on certain grounds, and the tenant can claim up to three times the deposit value as a penalty. This is one of the most litigated landlord mistakes in UK housing law.

Mistake 3 — Including a Fixed End Date

As of 2026, all new residential tenancies in England are periodic — there are no fixed terms. Including a fixed end date in a tenancy agreement is now meaningless and potentially misleading. The tenancy will simply continue on a rolling monthly basis regardless of any end date written in the agreement.

Mistake 4 — Vague Rent Increase Clauses

Many older agreements included rent review clauses allowing annual increases "in line with inflation" or "at the landlord's discretion." These are now superseded by the statutory Section 13 process. Rent can only be increased once every 12 months with 2 months' written notice using Form 4A. Any clause in the agreement that conflicts with this is unenforceable.

Mistake 5 — Not Naming All Tenants

Every adult living in the property as their main residence should be named as a tenant on the agreement. If only one partner is named and the relationship breaks down, the unnamed partner has no formal tenancy rights — creating serious complications for both landlord and tenant.

Mistake 6 — Blanket Pet Bans

Since the Renters' Rights Act 2025, tenants have the right to request permission to keep a pet. Landlords cannot include a blanket "no pets" clause that they then refuse to engage with. They must consider each request on its merits and respond in writing within 28 days. An unreasonable refusal can be challenged. Landlords can require pet insurance as a condition of consent.

Mistake 7 — Missing Gas Safety and EICR Obligations

The agreement should reference the landlord's statutory obligations to provide an annual Gas Safety Certificate (where applicable) and an Electrical Installation Condition Report (EICR) every 5 years. Failing to do so doesn't remove the obligation — it just means tenants may not know their rights.