The new written terms requirement for tenancies: What landlords need to know for 2026

The Renters’ Rights Act 2025 introduces some the most significant changes for private landlords and letting agents in decades.

One of the administrative changes that will be introduced in the first phase of the commencement of the Act is the requirement for landlords to provide their tenant with a written statement of terms before the tenancy agreement is entered into. This change will be introduced from 1 May 2026.

What is the written statement of terms?

Under Section 12 of the Renters’ Rights Act 2025, a new Section 16D is added to the Housing Act 1988. This creates a legal duty for landlords and letting agents to give tenants a clear written summary of the key terms of an assured periodic tenancy before the agreement is signed.

This applies to all new Housing Act 1988 tenancies (other than social housing) entered into on or after 1 May 2026.

The written statement is designed to sit alongside, not replace, the tenancy agreement. Its purpose is to ensure tenants receive the essential terms upfront, in a simple and accessible format.

What the written statement of terms must include

1. Key tenancy terms

• Start date – when the tenancy begins and the tenant can move in.
• Rent – the amount, when it’s due, and confirmation that rent periods can’t exceed one month.
• Bills – whether bills are included in the rent or paid separately. If paid to the landlord, the statement must explain how the tenant will be told the amount and due dates.
• Rent increases – a note that any increase must follow the Section 13 Housing Act 1988 process.
• Deposit – the amount of any tenancy deposit.

2. Ending the tenancy

• Tenant notice – the minimum notice period a tenant must give to end the tenancy.
• Landlord possession – a clear explanation that the landlord can only end the tenancy by obtaining a court order, after serving the correct notice and relying on valid grounds.

3. Safety & compliance

• Fitness for human habitation – confirmation the landlord must keep the property fit to live in.
• Repairs – the landlord’s duty to maintain the structure, exterior, and key installations (water, gas, electricity, sanitation, heating).
• Electrical safety – electrical installations must meet safety standards, be tested at least every 5 years, and the EICR must be provided to the tenant.
• Gas safety – annual gas safety checks and provision of the gas safety record.

4. Tenant rights

• Pets – tenants can request a pet under Section 16A, and consent cannot be unreasonably refused.
• Disability improvements – tenants may apply to make disability‑related improvements, and landlords cannot unreasonably withhold consent.

What happens if landlords don’t comply?

Failure to provide the written statement of terms before the tenancy is entered into is a breach of the new Section 16D.

Local authorities will have the power to impose a civil penalty of up to £7,000.

When the written statement is not required

The new requirement does not apply in every situation. Landlords and letting agents do not need to provide a written statement of terms if:

1. There is already a written record of the tenancy agreement (whether wholly or partly in writing); and
2. The tenancy was entered into before 1 May 2026.

These are treated as existing agreements, and the new duty does not apply to them. However, all existing agreements before 01 May 2026 must be provided with the Information Sheet detailed below.

What landlords must give existing tenants instead

For tenants who already have a tenancy in place on 1 May 2026, landlords must provide a copy of the official government‑produced Information Sheet, which can be found here: The Renters’ Rights Act Information Sheet 2026 – GOV.UK.

This Information Sheet explains:

• The changes introduced by the Renters’ Rights Act
• How those changes may affect existing tenancies
• What rights and responsibilities tenants have under the new regime

The Information Sheet must be provided by 31 May 2026.

Failure to provide a tenant with the Information Sheet for an existing tenancy by 31 May 2026 could result in a fine of up to £7,000. The exact PDF produced on the Government website must be provided; variations of the document will not be compliant. A hard copy of the Information Sheet should be posted or handed to the tenant, or sent attached to an email; a link to the Information Sheet will not be compliant. It would be prudent for landlords to review their AST to confirm the agreed service provisions when providing the Information Sheet to their tenant.

What this means for landlords and agents

The new written‑terms requirement is more than a paperwork update; it’s a shift toward greater transparency and standardisation in the private rented sector.

With penalties of up to £7,000 for non‑compliance, landlords and letting agents should take steps to ensure that they have complied with the new legislation.

How can Ellis Jones help you?

Ellis Jones have a specialised Dispute Resolution  team available to assist both Landlords and Tenants. Should you wish you require assistance in respect of the upcoming changes, please do not hesitate to contact our specialist Dispute Resolution team on 01202 525333 or Conor Maher (conor.maher@ellisjones.co.uk) or Emma Bowditch (emma.bowditch@ellisjones.co.uk).

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