The written statement of terms: who needs one and what goes in it

Every assured tenancy in England now has to be documented in a particular way. The written statement of terms is given under section 16D of the Housing Act 1988 and its contents are prescribed by regulations, which means there is a fixed list of things it has to cover and very little room for a landlord to decide what a tenant does or does not need to know. This guide explains who owes one, the deadline that applies to each kind of tenancy, all 18 prescribed matters, and what happens if the duty is missed.

What the written statement actually is

It is a document, given to the tenant, setting out the terms of that tenancy together with a set of statutory statements about the landlord's obligations and the tenant's rights. The detail sits in the Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026 - SI 2026/324 - which contains a schedule listing the matters that have to appear.

The purpose is worth understanding, because it explains why the list is so specific. Under the old system a tenant might sign a three-page agreement and never learn that the landlord owed a repairing obligation under section 11 of the Landlord and Tenant Act 1985, or that an electrical installation had to be tested at least every five years. The statement puts those obligations in front of the tenant at the start, in writing, whether or not the tenancy agreement mentions them.

Who has to give one, and by when

Tenancies starting on or after 1 May 2026

The statement must be given before the tenancy is entered into. That is the part landlords most often get wrong. It is not a document to hand over with the keys or to email in the first week. It has to be with the tenant before they commit, which in practice means before the agreement is signed.

Tenancies that already existed

Tenancies that were wholly oral before 1 May 2026 needed a written statement by 31 May 2026. Tenants who were already on a written or partly written tenancy were owed the official Information Sheet by that same date instead - a separate duty explained in the Information Sheet duty. Both deadlines have passed, but neither duty disappears because it was missed. If you have an oral letting that never had a statement, produce one now and keep a dated record of when and how it was given.

The 18 prescribed matters

The schedule to the regulations lists these in order. Some are simple facts about the tenancy. Others are statements of law that have to be included whether or not the tenancy agreement repeats them.

Matters 12 to 18 are the ones landlords are most likely to leave out, because they are statements of general law rather than negotiated terms. They still have to appear. Two of them cross-refer to duties covered elsewhere on this site: the rent increase position at matter 7 is explained in rent increases explained, and the pet rules at matter 17 in pet requests.

How it sits alongside the tenancy agreement

The statement is not a replacement for the tenancy agreement, and it does not stop a landlord agreeing further terms. In most cases a single well-drafted document can serve as both, provided it genuinely covers all 18 matters in the terms the regulations require. What the law is concerned with is that the tenant receives the prescribed information in writing, at the right time, and that it reflects the real agreement rather than a template someone forgot to edit.

That last point deserves emphasis. A statement saying no deposit is payable, given to a tenant who has paid one, is worse than no statement at all - it is a written record that contradicts the facts. If you are drafting one from scratch, the written statement generator builds a document covering all 18 matters from a short set of answers.

A worked example

A landlord agrees to let a flat from 1 October 2026. Referencing finishes on 5 September, the tenant is offered the property the same day, and the agreement is due to be signed on 20 September. The written statement has to be with the tenant before 20 September, because that is when the tenancy is entered into. Waiting until the tenant collects the keys on 1 October misses the deadline by ten days, even though the tenant has not yet moved in.

The same timeline carries a second trap. No rent in advance can be taken before the agreement is signed, so a holding arrangement that collects the first month's rent on 5 September breaches a separate rule. Sequencing matters: statement first, signature next, money after.

What it costs to get wrong

Failing to provide a written statement of terms carries a civil penalty of up to £7,000, imposed by the local authority. If the failure continues more than 28 days after a penalty, or the landlord breaches a penalty duty again within five years, it becomes a criminal offence, and the council can impose up to £40,000 instead of prosecuting. The enforcement regime and how those levels are applied is set out in what happens if you get it wrong, and the full sequence of dates and duties is in the landlord compliance timeline.

The practical defence is unglamorous. Keep a copy of every statement you issue, record the date and method of delivery, and review your template whenever a rule changes. A landlord who can produce a dated statement matching the tenancy is in a very different position from one relying on memory.