A clipboard with empty ruled lines, a spiral notebook, a pen, and a sticky note under the terms-before-agreement line

How to Give the Written Statement of Terms Before the Tenancy Is Agreed

2 November 2026•11 min read•Article•Leonid Gorok

The main points in 30 seconds

When preparing a new private assured tenancy in England, you must provide a written statement of the applicable prescribed terms before any agreement is reached, including a verbal one. Identify and include only the Schedule items relevant to your specific let. Retain a copy of this statement alongside a clear record of the date and the delivery method.

When establishing a new private let, you must provide a written statement of terms before a tenancy is agreed in England. You must supply this information prior to entering into the tenancy, even if the agreement is verbal. The required text can form part of the tenancy agreement itself or be presented as a standalone document.

Dropping a link into a chat message, without keeping a copy of the text or logging the date and delivery method, fails to create the proper file. This specific document is the pre-agreement statement: it is entirely separate from the fully signed contract, the deposit prescribed-information pack, a section 13 rent increase, or the information sheet meant for a tenancy already in writing prior to 1 May 2026.

Disclaimer: IziRento is operations software, not legal advice. Local tenancy rules vary; check a qualified adviser for binding decisions.

Identifying a new private assured tenancy in England

For a let being established today, the relevant legislation is section 16D of the Housing Act 1988. This section was introduced by section 12 of the Renters’ Rights Act 2025 and took effect on 1 May 2026 (S.I. 2026/421, regulation 2(a)). A single exception falls outside this requirement: a tenancy created by implication following an implied surrender and regrant between identical parties, which functions simply to adjust the preceding tenancy.

SI 2026/324 became active on 1 May 2026 and covers England and Wales. Both its explanatory note and the GOV.UK guidance explicitly restrict this specific duty to private rented assured tenancies located in England.

A Welsh occupation contract is governed by different rules and does not utilise this checklist. Providing an address for notices situated in England or Wales does not convert the statement into a Welsh form.

Assured tenancies within social housing are entirely exempt from regulation 2. Prospective tenants viewing the property are similarly excluded. The landlord guidance PDF clarifies that the written information is exclusively for those individuals actually entering into the tenancy.

Tenancies that already possessed a written agreement before 1 May 2026 required the Renters’ Rights Act Information Sheet 2026. The information-sheet page dictates that the majority of landlords needed to supply this by 31 May 2026. If a tenancy was entirely oral prior to 1 May 2026, it required the statement detailed here, subject to the same 31 May 2026 deadline. That transitional date is now behind us.

Subsections (5) to (7) outline the only scenarios that afford a 28-day window. If succession occurs under section 39(5), or for a specified assured agricultural occupancy, the timeframe is 28 days starting from the date the landlord recognises the tenant’s right. A demoted tenancy switching landlords under section 143C(3) of the Housing Act 1996 allows 28 days from the date the new landlord takes over. Any alternative scenario where an existing tenancy converts into one governed by the section gives 28 days from the date it officially becomes assured. A brand-new private let that you are actively granting does not fit into any of these exceptions.

A split of private assured tenancies that take this duty and the cases that sit outside it — Social housing, a Welsh contract, a viewer, and an implied regrant sit outside this duty.

Selecting the correct Schedule items for the let

Part 1 of the Schedule to SI 2026/324 contains 18 distinct paragraphs. Paragraphs 8 through 16, as well as 18, must be included only if their specific qualifying conditions are triggered. Conversely, paragraphs 1 through 7 and 17 apply broadly without any initial condition.

According to the GOV.UK documentation, this list was issued on 20 March 2026. It represents the statutory minimum rather than a comprehensive contract, and you are not obliged to duplicate the exact legislative phrasing provided the mandatory information is clearly conveyed.

A checklist of statement lines to copy only when they belong to this let — Names, addresses, the first possession date, the rent and its due date, and the section 13 sentence are on the statement. Later lines only if their condition is met.

Copy a Schedule paragraph when it belongs to this let

Paragraph requirement	When to include it
1. The landlord's name, alongside the name of any joint landlord.	Mandatory on this statement.
2. The tenant's name, alongside the name of any joint tenant.	Mandatory on this statement.
3. A postal address within England and Wales where the tenant can serve notices on the landlord, including legal proceedings.	Mandatory on this statement. Must be a postal address. An email or phone number cannot substitute for this.
4. The dwelling-house address.	Mandatory on this statement.
5. The date on which the tenant first gains the right to possession (the initial move-in day).	Mandatory on this statement.
6. The payable rent amount and the date it falls due.	Mandatory on this statement. It is not used to log who funded a specific period.
7. A declaration that if the landlord intends to suggest a new rent amount, they must issue a notice under section 13 of the Housing Act 1988.	Mandatory on this statement. Just the explanatory sentence itself.
8. Where the tenant owes a relevant bill payment to the landlord, whether bundled into the rent or charged separately: state which it is, and if separate, detail the amount (or the method for calculating it) and the due date (or how that date will be communicated).	Include only when the tenant pays the landlord directly. A relevant bill covers council tax; electricity, gas or other fuels, water or sewerage; green-deal energy payments; TV licences; or non-mobile telephone, internet, cable, or satellite TV. This excludes bills the tenant settles directly with external suppliers. The landlord cannot demand payments outside of this defined list.
9. The deposit amount, provided Housing Act 2004 section 213 applies.	Include only if that specific section is relevant, and a deposit has been collected or is scheduled to be.
10. The tenant’s minimum notice period to quit, if Protection from Eviction Act 1977 section 5(1) is applicable.	Include only if that section applies.
11. A statement outlining that, if Housing Act 1988 section 5 applies, the landlord generally requires a court possession order and its subsequent execution to terminate the tenancy. Furthermore, the landlord (or at least one joint landlord) must typically serve a prescribed notice detailing the grounds, which in turn govern any minimum notice period prior to legal action.	Include only if that section applies.
12. A statement that the property must be maintained as fit for human habitation up to the standard required by Landlord and Tenant Act 1985 section 9A.	Include only if that section applies.
13. Section 11 repair obligations covering: structure and exterior; installations for water, gas, electricity, and sanitation; and installations for space and water heating.	Include unless section 11 is inapplicable, a county court has issued a contrary order under section 12(2), or a right-to-manage company retains management rights over the premises.
14. If regulation 3 of the Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) Regulations 2020 applies: an obligation to uphold those standards during occupation; ensure a qualified professional inspects and tests at least every five years (or sooner if the report mandates); and provide a copy to the tenant.	Include only if that specific regulation applies.
15. Where a relevant gas fitting is present and the Gas Safety (Installation and Use) Regulations 1998 apply: a duty to maintain safe fittings and flues; arrange checks by a Health and Safety Executive-approved professional at intervals dictated by those Regulations; create a record and, with limited exceptions, hand a copy to the tenant.	Include only when such a fitting exists at the property.
16. Where the tenant holds the right to carry out improvements with permission: details of Equality Act 2010 section 190, affirming that consent for qualifying disability-related adaptations cannot be unreasonably withheld, and clarifying this does not apply if the tenancy already offers equivalent provisions.	Include only when the tenant possesses this specific entitlement.
17. A statement noting that under Housing Act 1988 section 16A, a tenant may keep a pet if they submit a request in line with that section and the landlord grants permission, which cannot be unreasonably denied.	Mandatory; there is no conditional opening in the Schedule.
18. If the tenancy is issued as supported accommodation under paragraph 12(1) of Schedule 2 to the 1988 Act, state this clearly alongside the reason.	Include only if the tenancy is explicitly granted on these grounds.

In situations where the tenant’s notice rule is active, the landlord guidance PDF permits setting a notice period up to a maximum of two months. If this detail is omitted from the writing, it automatically defaults to two months. Any subsequent modification, assuming it is approved by all joint tenants, must also remain capped at two months. Gas safety inspections typically occur every 12 months and can be carried out between 10 and 12 months after the prior check without altering the renewal date. If your statement specifies 'every 12 months', it must simultaneously clarify that this interval is calculated in accordance with the 1998 Regulations.

For further details on utility charges, refer to the bills file. Logging which party funded a specific timeframe is handled within the rent schedule. Should you wish to outline an intention to seek possession on specific grounds, this can be appended under section 16D(3), though it remains separate from the mandatory paragraphs.

Delivering the writing before formal agreement

If the applicable paragraphs are already woven into your draft contract, that draft serves as the required statement. Both the landlord guide and section 16D(2) permit using either the primary agreement or an independent record.

Neither section 16D nor the official landlord guidance stipulate a strict number of hours or days prior to signing, a mandated delivery channel, a requirement for a signed receipt, or a designated duration for retaining the copy. If a tenant declines to sign an acknowledgement receipt, simply log the date and the method of delivery alongside your copy. A property manager or letting agent is permitted to deliver these details. Additionally, section 16D(8) extends this exact compliance duty to any individual contracted to ensure the rules are met.

A path from one writing, through giving it before anyone agrees, to keeping the date and how it was given — The agreement or a separate statement can be the writing. An oral agreement still counts, and an agent may give it.

Supply the statement and preserve the record

Embed the relevant paragraphs into a single written document
You can utilise the main agreement or prepare a discrete statement. Ensure paragraphs 1 through 7 and 17 are included, then append any subsequent paragraphs only if their specific conditions dictate it.
Provide this document before the tenancy is finalised
Hand over the writing prior to any party signing or concluding the agreement, which covers oral agreements too. The 28-day statutory windows relate strictly to alternative tenancy scenarios, not this initial let.
Log the delivery date and the method used
On that identical record, note precisely when and how the written information was transferred, and ensure the delivered copy is securely stored.

Defining the limits of the pre-agreement file

The landlord guidance PDF dictates that the approved scheme details must be delivered within 30 days of accepting the deposit funds; this does not have to be presented alongside the initial terms statement. That specific documentation forms the deposit prescribed-information file. Any subsequent rent hike is housed in the section 13 notice. The finalised, signed contract lives in the tenancy-agreement folder. Funds collected post-signature, such as the initial rental payment, are tracked in the first-month money file.

This record ends at the pre-agreement stage

While the statement may contain the deposit amount and the section 13 explanatory sentence, the dedicated scheme pack, rent increase notices, and the fully signed contract belong in separate files. The GOV.UK landlord pages outline a potential financial penalty for failing to provide this written information; the amount is printed on the named official page and you should check that page on the day. Those pages do not dictate any fixed charge for generating the statement itself.

Conclude this task once the file contains the distinct statement—or the drafted agreement carrying the relevant items—alongside the documented date and delivery method, proving it was supplied before any agreement was reached. IziRento acts as the storage environment for that file. It does not issue the statement on your behalf, verify the completeness of your chosen checklist, or compute potential compliance penalties.

Give the written statement of terms before a new private assured tenancy in England is agreed, and file the date and how that writing was given.

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