5 Red Flags in Tenancy Agreements (What to Check Before You Sign)

Most tenancy agreements run to 10+ pages of legal language. Landlords and their solicitors write them — not renters. That means the terms often favour the landlord, and some clauses can leave you seriously out of pocket.

Here are the 5 red flags to look for before you sign.

Red Flag #1: No Deposit Protection Scheme Named

Your landlord is legally required to protect your deposit in a government-approved scheme within 30 days of receiving it. The three approved schemes are the Deposit Protection Service (DPS), MyDeposits, and the Tenancy Deposit Scheme (TDS).

If your agreement says the deposit “will be protected” but doesn't name the scheme, that's a red flag. Before you sign, ask which scheme will be used and get the certificate within 30 days of paying.

What to ask: “Which deposit protection scheme will you use, and when will I receive the certificate and prescribed information?”

If they fail to protect it: You can claim 1–3x the deposit amount in court, even after you've moved out.

Red Flag #2: Vague or Missing Landlord Repair Obligations

The law requires landlords to maintain the structure and exterior of the property, heating systems, hot water, gas and electrical installations. But some agreements describe the landlord's duties in vague terms — “maintain the structure” — without mentioning heating, plumbing, or safety systems.

Watch out for clauses that try to pass repair responsibilities onto you, such as requiring you to maintain appliances or cover costs that are legally the landlord's.

What to ask: “Can you confirm you'll maintain the heating system, hot water, and all gas and electrical installations?”

Your legal right: Section 11 of the Landlord and Tenant Act 1985 sets out minimum repair obligations — your agreement cannot remove these.

Red Flag #3: Unusual or Excessive Tenant Obligations

Some agreements include clauses that go far beyond what's standard — requiring professional cleaning on departure, restrictions on having overnight guests, or obligations to repaint walls before leaving.

Normal wear and tear is your right as a tenant — your landlord cannot charge you for minor scuffs, carpet wear in normal use, or faded paintwork. Clauses that try to hold you to a higher standard than “good condition” are worth pushing back on.

Watch for: Clauses requiring “professional cleaning” or returning the property to “original condition” — these can be used to justify unfair deposit deductions.

Your right: Fair wear and tear cannot be charged to you. Courts and deposit scheme adjudicators consistently uphold this.

Red Flag #4: Overly Flexible Rent Review Clauses

Your agreement should state clearly how and when rent can increase. Some agreements include clauses that allow the landlord to raise rent with just one month's notice, or to increase to “market rate” without defining what that means.

Under the Renters' Rights Act (coming into force 1 May 2026), tenants will have new rights to challenge above-market rent increases at a First-tier Tribunal. But you still need to know what your agreement says.

What to check: How much notice must your landlord give before increasing rent? Is there a cap on increases? Can you challenge them?

From 1 May 2026: You'll have the right to challenge any rent increase you believe is above market rate at a First-tier Tribunal.

Red Flag #5: No Break Clause (or an Unfair One)

A break clause allows either party to end the tenancy early, typically after a minimum period. Without one, you're locked in for the full fixed term — usually 12 months — even if your circumstances change.

Some agreements include break clauses that only benefit the landlord, or that require unreasonably long notice periods from the tenant. Check whether a break clause exists, who can use it, and what conditions apply.

What to ask: “Is there a break clause? When can it be activated, and how much notice do both parties need to give?”

Without a break clause: You may be liable for the full remaining rent if you need to leave early — even in an emergency.