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Written statement of terms (section 16D)
Every new tenancy in England granted on or after 1 May 2026 needs a written statement of terms, given to the tenant before they enter into the tenancy. It can sit inside the tenancy agreement or be a separate document. Miss it and a council can impose a civil penalty of up to £7,000.
The duty comes from section 16D of the Housing Act 1988, inserted by the Renters' Rights Act 2025. What the statement has to contain was left to secondary legislation, which has since been made — the schedule to the Assured Tenancies (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026 sets out eighteen items. They are listed in full below.
The three things landlords get wrong
The timing. "Before they enter into the tenancy" means before signing, not on move-in day. Handing it over at the signing table is arguably compliant on the plain wording, but it leaves a tenant able to argue they had no real chance to read it or take advice.
It recurs. This is not a one-off job that was done in 2026. The duty attaches to each new tenancy, so it comes round every time you let a property, and quietly accumulates across a portfolio.
An old AST won't do. Swapping the dates on a pre-2026 agreement does not produce a compliant statement. The fixed term has to go, the periodic structure has to be explicit, and rent review has to point at section 13 — and that is before you check the eighteen items below.
What the statement must contain
Taken from the schedule to the 2026 Regulations. Every item has to be present, whether it sits in the tenancy agreement or in a separate statement.
| # | Required item |
|---|---|
| 1 | The name of the landlord, and where two or more people are jointly the landlord, the name of each of them |
| 2 | The name of the tenant, and where two or more people are jointly the tenant, the name of each of them |
| 3 | An address in England and Wales at which notices can be served on the landlord |
| 4 | The address of the dwelling-house let on the tenancy |
| 5 | The date on which the tenant is first entitled to possession |
| 6 | The rent payable under the tenancy, and when it is due |
| 7 | A statement that rent can only be increased by notice under section 13 of the Housing Act 1988 |
| 8 | Which bills the tenant pays — council tax, utilities, TV licence, communication services, and energy efficiency charges |
| 9 | The amount of any tenancy deposit |
| 10 | Any minimum notice period for a notice to quit, where one applies |
| 11 | An explanation of security of tenure — that possession can only be obtained by court order on a statutory ground |
| 12 | A statement about the obligation to keep the property fit for human habitation |
| 13 | A statement of repairing obligations — structure and exterior, utilities, and heating |
| 14 | A statement about compliance with electrical safety standards |
| 15 | A statement about gas safety inspection and maintenance |
| 16 | Information about a disabled tenant's right to request improvements under the Equality Act 2010 |
| 17 | A statement about the tenant's right to request to keep a pet, and how consent works |
| 18 | Where the tenancy is supported accommodation, a declaration to that effect with an explanation |
Source: schedule to the Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026 — read the full schedule on legislation.gov.uk. Summarised here in plain English; the legislation is the authority.
This is not the Information Sheet
Two separate duties get confused constantly, because both landed in 2026 and both carry a £7,000 penalty.
| Information Sheet | Written statement (s.16D) | |
|---|---|---|
| Who gets it | Existing tenants whose tenancy converted | Every new tenant |
| When | Was due by 31 May 2026 | Before they enter the tenancy |
| What | The exact government PDF, unaltered | Your own document, covering the 18 items |
| How often | Once, per existing tenancy | Every time you let |
If your tenancy simply converted from an AST, you did not need to re-paper it — the Information Sheet covered that. Section 16D bites on new tenancies, which is why it keeps coming round rather than being a job you finished in May.
If you use a letting agent
The duty sits with the landlord. On a managed let you are relying on the agent to produce a compliant statement and to get it to the tenant at the right moment, and you carry the penalty if they don't. It is worth asking your agent two direct questions: which template are they using, and at what point in the process does the tenant receive it.
Common questions
Can it be part of the tenancy agreement?
Yes. Section 16D allows the information to form part of the agreement or to be given as a separate written statement. Either works, provided every required item is actually there.
What counts as "before they enter into the tenancy"?
Before signing. On the plain wording a minute beforehand is still before, but that is a weak position if it is ever tested — a tenant can argue they had no realistic opportunity to read it or take advice. Giving it days rather than minutes ahead costs nothing and removes the argument.
Does a council actually check?
Enforcement is complaint-led in practice. Councils have the power to impose civil penalties of up to £7,000 without a prosecution, but they are unlikely to audit proactively. The more realistic risk is the statement being raised later, when you need possession or a deposit dispute goes to adjudication.
Is this legal advice?
No. This is a plain-English summary written by a business owner, not a solicitor, with the legislation cited so you can check it yourself. For contested possession or an active dispute, instruct a housing solicitor or call the NRLA helpline.
Need the document itself?
The UK Renters' Rights Pack includes a section 16D written statement of terms inside the APT tenancy agreement, serve-guides for the Section 8 (Form 3A) and Section 13 (Form 4A) notices, the pet-request response and a compliance checklist — nine documents, £24 once, no subscription, with twelve months of updates as the regulations continue to land.
Or read the full Renters' Rights Act guide first — it's free and covers every duty, not just this one.