Written Statement of Terms (Section 16D): the 18 Items, and Which Ones Apply to Your Tenancy
Law checked against our records on 03 Nov 2026
Since 1 May 2026 a landlord in England must give a written statement of terms before a new tenancy starts. The 18 items in SI 2026/324, which ones apply to every tenancy, and the penalty.
Correct as at 3 November 2026, against legislation.gov.uk. England only: Wales and Scotland have different rules. This is general information, not legal advice.
Since 1 May 2026, the landlord of a new private assured tenancy in England must give the tenant a written statement of the terms of the tenancy, and must give it before the tenancy is entered into. What the statement must contain is set out in the Schedule to the Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026, SI 2026/324.
The Schedule lists 18 items. Most articles stop there. The detail that matters is that only eight of them apply to every tenancy. The other ten apply only if something about your tenancy is true: there is a gas supply, the tenant pays you for bills, you have taken a deposit. This guide goes through all 18 and says, for each one, when it applies.
Who has to give one, and when
The duty is in section 16D of the Housing Act 1988, inserted by the Renters' Rights Act 2025.
- Which tenancies. Assured tenancies, other than social housing assured tenancies. The duty and the regulations both took effect on 1 May 2026.
- When. "The statement … must be given before the tenancy is entered into" (s.16D(4)). A tenancy that arises by succession, and a few other special cases, have a 28-day window instead (s.16D(5)–(7)).
- In what form. The statement can be "an agreement in writing between the landlord and tenant or a record of terms otherwise agreed" (s.16D(2)(a)). So a written tenancy agreement that contains every item that applies is the written statement.
- Agents. If you have a contract with someone, such as a letting agent, that requires them to ensure compliance with section 16D, the duty applies to them as well as to you (s.16D(8)). It does not move off you. Our guide to who pays when a letting agent makes the mistake covers the liability side.
A tenancy that began before 1 May 2026 is different. If its terms were wholly or partly in writing, the landlord had to give the tenant the Renters' Rights Act Information Sheet 2026 instead. Our update on what replaced the How to Rent guide covers that fork.
The eight items every statement must contain
These paragraphs of the Schedule have no condition attached.
| Para | What the statement must give |
|---|---|
| 1 | The landlord's name, and the name of each joint landlord |
| 2 | The tenant's name, and the name of each joint tenant |
| 3 | "An address in England and Wales at which notices (including notices in proceedings) may be served on the landlord by the tenant" |
| 4 | The address of the property |
| 5 | "The date on which the tenant is first entitled to possession under the tenancy" |
| 6 | "The rent payable under the tenancy and when it is due" |
| 7 | A statement that if the landlord proposes to increase the rent, the landlord must serve a notice under section 13 of the Housing Act 1988 |
| 17 | A statement that the tenant may keep a pet if they ask under section 16A and the landlord consents, and that consent "is not to be unreasonably refused" |
Paragraph 7 means the statement must point to the Section 13 notice as the way rent goes up. A clause promising a fixed annual increase does not do that. Paragraph 17 is the pets right, explained in the 28-day pet request duty.
The ten items that depend on your tenancy
Each of these applies only if the condition in its own words is met. Check each one against your tenancy.
| Para | Applies if… | What the statement must give |
|---|---|---|
| 8 | The tenant pays a "relevant bill payment" to the landlord, as part of the rent or on top of it | That fact; whether it is part of the rent or in addition; and, if in addition, each amount and when it is due (or how the tenant will be told) |
| 9 | The deposit protection requirements in section 213 of the Housing Act 2004 apply | The amount of the deposit |
| 10 | Section 5(1) of the Protection from Eviction Act 1977 applies | The minimum notice period the tenant must give to end the tenancy |
| 11 | Section 5 of the Housing Act 1988 (security of tenure) applies | That the landlord can usually end the tenancy only with a court order for possession, after serving a notice in the prescribed form that names the ground, and that the ground decides the notice period |
| 12 | Section 9A of the Landlord and Tenant Act 1985 (fitness for human habitation) applies | That the landlord must keep the property fit for human habitation |
| 13 | Applies unless one of three exceptions does: section 11 of the 1985 Act does not apply, a county court order under section 12(2) of that Act has been made, or a right-to-manage company manages the building | The landlord's repairing duties: structure and exterior; water, gas, electricity and sanitation; space heating and hot water |
| 14 | Regulation 3 of the Electrical Safety Standards Regulations 2020 applies | That the landlord must meet the electrical safety standards, have the installation inspected and tested at least every five years, and give the tenant a copy of the report |
| 15 | There is a relevant gas fitting in or serving the property | That the landlord must keep gas fittings and flues safe, have each appliance and flue safety-checked by an engineer approved for the purpose, at the required intervals, and give the tenant a copy of the record |
| 16 | The tenant is entitled, with the landlord's consent, to make improvements | Information about section 190 of the Equality Act 2010: the landlord may not unreasonably withhold consent to an improvement for a disabled occupier |
| 18 | The tenancy is granted as supported accommodation | That fact, and why |
Two of these catch landlords out.
- Bills (para 8). A "relevant bill payment" includes council tax, gas, electricity, other fuel, water and sewerage, a TV licence, a landline, internet, cable or satellite TV, and green deal charges. If the rent is "bills included", the statement must still say so. For a shared house, see council tax and bills in an HMO.
- Deposit (para 9). The statement gives the amount. Protecting the deposit and serving the prescribed information is a separate duty with its own deadline: see deposit protection schemes.
On gas and electrical safety, the statement only has to explain the duties. The checks themselves are covered in our guides to gas safety certificates and EICRs.
One optional item that costs you if you leave it out
Section 16D(3) lets the landlord add to the statement that they wish to be able to recover possession on certain grounds: Grounds 1B, 2ZA to 2ZD, 4, 5 to 5H, 6A and 18 in Schedule 2. The statement does not have to include it.
If it is left out and you later rely on one of those grounds in a possession notice, you break section 16E(1)(f). The court can still make the possession order on that ground (s.16E(5)), but the council can impose a financial penalty for the breach. If any of those grounds might matter to you later, decide before the tenancy starts. The grounds themselves are in the Section 8 grounds guide.
The penalty
The local housing authority may impose a financial penalty if it is satisfied beyond reasonable doubt that a person contravened section 16D. The amount is for the authority to decide, but "must not be more than £7,000" (s.16I(6)). That is a ceiling, not a fixed fine. If the contravention continues for more than 28 days after a penalty is imposed, the council may impose another (s.16I(3)).
Where you have given the statement yourself, the council may not penalise your agent just because the agent's contract made them responsible too (s.16I(2)).
Correct as at 3 November 2026.
Check yours in five minutes
- Find the document the tenant received before the tenancy started. If there wasn't one, the duty was not met.
- Tick off the eight unconditional items in the first table. All eight must be there.
- Go down the second table. For each row, decide whether the condition applies to your tenancy. If it does, the statement must cover it.
- Check para 7 and para 17 especially. Older templates often have a rent-review clause instead of the Section 13 statement, and a "no pets" clause instead of the section 16A statement.
- Decide on the section 16D(3) statement before the next tenancy, not when you need possession.
For what else a tenancy agreement should and should not contain since the Renters' Rights Act, see the assured periodic tenancy agreement guide.
Frequently Asked Questions
When must I give the written statement of terms?
Before the tenancy is entered into (Housing Act 1988 s.16D(4)). The duty applies to assured tenancies in England other than social housing, from 1 May 2026 (SI 2026/421 reg 2; SI 2026/324 reg 2(1)). There are 28-day windows for a few special cases, such as a tenancy that arises by succession (s.16D(5)–(7)). Correct as at 3 November 2026.
What is the penalty for not giving a written statement?
The local housing authority may impose a financial penalty if it is satisfied beyond reasonable doubt that the landlord contravened section 16D (Housing Act 1988 s.16I(1)(a)). The amount is for the authority to decide, but it must not be more than £7,000 (s.16I(6)). Correct as at 3 November 2026.
Does every written statement need all 18 items?
No. The Schedule to SI 2026/324 lists 18 items, but only eight of them (paragraphs 1–7 and 17) apply to every tenancy. The others apply only if a condition holds, for example only if there is a gas fitting (paragraph 15) or only if the tenant pays bills to the landlord (paragraph 8). Correct as at 3 November 2026.
This guide is for informational purposes only and does not constitute legal advice. Laws and regulations may change — always verify current requirements and consult a qualified solicitor for advice specific to your situation.
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