Written statement of terms for new tenancies
The written statement of terms every new tenancy in England needs from 1 May 2026: what it must include, when to give it, prior notice of grounds, and fines.
Updated 25 October 2026Checked against legislation 25 October 2026England only
Key points
- Since 1 May 2026, every new private assured tenancy in England needs a written statement of terms given before the tenancy is agreed.
- It can be part of your tenancy agreement, as long as it covers every prescribed item, from the rent and deposit to the pet rules.
- You can include prior notice of certain possession grounds; without it you risk a £7,000 fine, and Ground 4A can't be used at all.
- Wholly verbal tenancies from before 1 May 2026 needed written terms by 31 May 2026; written ones got the Information Sheet instead.
- Not giving the statement can lead to a civil penalty of up to £7,000, rising to £40,000 for continuing or repeated breaches.
A written statement of terms is the set of prescribed tenancy information that every new private tenancy in England has needed since 1 May 2026, given to the tenant before the tenancy is agreed. It can be part of your tenancy agreement or a separate document, but it must cover every prescribed item, from the rent and deposit to the tenant's right to ask for a pet. Missing it can cost up to £7,000.
Who needs a written statement, and when?
The duty is in section 16D of the Housing Act 1988 and the Written Statement of Terms etc and Information Sheet Regulations 2026 (SI 2026/324), in force since 1 May 2026.
| Tenancy | When the statement is due |
|---|---|
| New private assured tenancy from 1 May 2026 | Before the tenancy is entered into: before you and the tenant sign, or otherwise agree it, including verbally |
| Wholly verbal tenancy from before 1 May 2026 | By 31 May 2026 |
| Some other cases, such as succession or a tenancy that becomes assured later | Within 28 days |
| Written tenancy from before 1 May 2026 | Not needed: these got the Information Sheet instead |
The landlord gives it, or an agent or contractor contracted to do so. It goes to the tenant, and GOV.UK says all tenants, including joint tenants, must be named. You don't need to give it to people who only view the property.
The statement replaces the How to Rent guide for new lettings. These rules apply in England; Wales has its own law under the Renting Homes (Wales) Act 2016.
What must a written statement of terms for a tenancy include?
The minimum content comes from Schedule Part 1 of SI 2026/324 and GOV.UK's landlord guidance:
| # | Item | What to include |
|---|---|---|
| 1 | Parties | Names of all landlords and all tenants |
| 2 | Address for notices | A postal address in England or Wales where the tenant can serve notices on you. Phone and email are optional |
| 3 | Property | The address, and the date the tenant is first entitled to possession |
| 4 | Rent | The amount and when it is due |
| 5 | Rent increases | A statement that any proposed increase will be made by a Section 13 notice |
| 6 | Bills | Bills included in the rent, or paid separately to you: what they cover, how much and when due. Only council tax, utilities, TV licence, communications services and green deal charges |
| 7 | Deposit | The amount, if you take one. The deposit prescribed information is still due within 30 days |
| 8 | Tenant's notice | The minimum notice the tenant must give: anything up to 2 months. If none is stated, it is 2 months |
| 9 | Security of tenure | That you usually need a possession order; that a possession notice must be in the correct form and state the grounds; that notice periods depend on the grounds |
| 10 | Landlord's duties | Fitness for human habitation (Landlord and Tenant Act 1985 s.9A); repairs (s.11); electrical safety, including an inspection at least every 5 years and a copy of the report to the tenant; gas safety (reg 36), where there are gas fittings |
| 11 | Disability improvements | Equality Act 2010 s.190, where the tenant may make improvements with consent |
| 12 | Pets | That the tenant may ask to keep a pet, and that consent must not be unreasonably refused |
| 13 | Supported accommodation | Where it applies, that the property is supported accommodation and why |
GOV.UK's written-information guidance also says the statement should explain that the tenancy can end without a court order where the Home Office gives written notice that the occupier is disqualified from renting.
Prior notice of possession grounds
The written statement is also where you give prior notice that you may want to rely on certain grounds later. The statute (section 16D(3)) lists Grounds 1B, 2ZA to 2ZD, 4, 5 to 5H, 6A and 18. Several of these are only for social landlords or supported housing. The ones a private landlord is most likely to need are:
- 2ZB and 2ZD, where a superior lease of more than 21 years ends;
- 5A (agricultural workers) and 5C (lets tied to employment);
- 5G, for lets to a council under its homelessness duty.
If you rely on one of these grounds without having given prior notice, the court can still make a possession order, but you risk a civil penalty of up to £7,000.
Two grounds have their own, stricter conditions:
- Ground 4A (student HMOs) needs a written statement before the tenancy. Without it, the ground can't be used at all. See Ground 4A.
- Ground 5H needs its eligibility conditions in the written tenancy agreement, and is for registered providers and charities.
The common private-landlord grounds, such as Ground 1 (moving in), Ground 1A (selling) and the rent arrears grounds, need no prior notice. GOV.UK's tenant guidance gives a slightly different list from the statute; follow the statute. The full list is in our guide to Section 8 grounds.
How should you give it?
- Format. It can be in the written tenancy agreement or a separate document. You don't need the exact legal wording, but every item must be covered.
- Method. We have found no GOV.UK or statutory rule on whether email is acceptable for the written statement; email is expressly allowed only for the Information Sheet. Use a method you can prove: hand over a printed copy and get it signed for, or follow the service method agreed with the tenant and keep the sent email.
- Timing. Give it before anything is signed or agreed, and keep a record of the date.
What is the penalty?
GOV.UK says a landlord who doesn't give the statement "could receive a fine of up to £7,000" (section 16I). If the breach continues more than 28 days after a penalty, or is repeated within 5 years, it can become a criminal offence, with a civil penalty of up to £40,000 as the alternative. See Renters' Rights Act fines.
Worked example: the paperwork for a new let
Maya agrees to let a flat to two joint tenants. The tenancy will be agreed on 9 November 2026 and start on 1 December 2026.
| When | What Maya does |
|---|---|
| Before advertising | Gets an in-date EPC and gives it to applicants at the first written particulars or viewing |
| Before 9 November | Right to rent checks on both adults; takes no more than one week's rent as a holding deposit |
| Before 9 November | Gives both tenants the written statement of terms, including the pet statement and her address for notices |
| 9 November | Tenancy agreed and signed; she can now require the first month's rent |
| Before 1 December | Gives the tenants the gas safety record and EICR before they move in |
| Within 30 days of taking the deposit | Protects it and gives the deposit prescribed information |
Our Renters' Rights Act landlord checklist has the full list for every stage.
What to do next
Update your tenancy agreement template so it covers every item that applies to your let, and add a short prior-notice section if any of the grounds above could apply to you. Keep a signed or dated copy for each tenancy. For the rest of the changes, see the Renters' Rights Act hub.
Frequently asked questions
Does the written statement replace the How to Rent guide?
For new tenancies, yes in practice. The How to Rent guide was withdrawn on 1 May 2026 and is no longer needed for new lettings. Instead, you give the prescribed written statement of terms before the tenancy is agreed.
Do joint tenants each need the statement?
GOV.UK says the statement must name all tenants, including joint tenants, and it is needed for every tenant you are entering into the tenancy with. Give each of them a copy and keep proof that each one received it.
Is there an official template for the written statement?
GOV.UK publishes landlord guidance listing what the statement must cover, but you don't have to use exact legal wording. What matters is that every prescribed item is covered, whether in your tenancy agreement or in a separate document.
Sources
Related guides
The Renters' Rights Act information sheet (2026)
Who needed the Renters' Rights Act Information Sheet, the 31 May 2026 deadline, why a link isn't enough, the £7,000 fine and what to do if you missed it.
Renters' Rights Act checklist for landlords
A Renters' Rights Act landlord checklist for England: what to do now for existing tenancies, new lets, rent rises and possession, and what's still to come.
Section 8 grounds for possession: the full list (2026)
All Section 8 grounds for possession in England from 1 May 2026: mandatory or discretionary, notice periods, time limits, and which grounds have gone.
Deposit prescribed information explained
Deposit prescribed information explained: the details GOV.UK says tenants must get, the 30-day deadline, who receives it, and why it now affects possession.
Renters' Rights Act 2025: what landlords must do now
What the Renters' Rights Act changed for landlords in England on 1 May 2026, the dates still to come, and a checklist of what you must do now.
This guide explains the law in England as it stood on 25 October 2026. It is general information, not legal advice on your situation. Wales, Scotland and Northern Ireland have different rules. See our editorial policy for how we research and check our guides.