What Is the Written Statement of Terms and When Must I Provide It?

From 1st May 2026, private landlords in England are required to provide tenants with a Written Statement of Terms before they sign a new tenancy agreement. This is one of the most significant new obligations under the Renters' Rights Act 2025 — and one of the most commonly misunderstood.

What is the Written Statement of Terms?

The Written Statement of Terms is a document that sets out the key terms of the tenancy in writing. It must be provided to the tenant before they sign the tenancy agreement — not after, and not at the same time as signing. The Act is clear: the tenant must have the written statement in their hands before the agreement is signed.

Why has this been introduced?

Previously, verbal tenancy agreements were legally valid in England. A landlord and tenant could agree terms by phone or in person and the tenancy would be binding. The new requirement ensures every tenant has a written record of the terms they are agreeing to before they commit.

Who does it apply to?

The Written Statement requirement applies to:

• All new tenancies entered into on or after 1st May 2026
• Existing tenancies that are based entirely on a verbal agreement — meaning there is no written record of the terms. Landlords must provide the Written Statement to these tenants by 31st May 2026.

If you already have a written tenancy agreement for an existing tenancy, you do not need to provide a new Written Statement. Instead, you must provide the Government Information Sheet to existing tenants by 31st May 2026.

What must the Written Statement include?

The Written Statement must include the following information as a minimum:

• The full name and postal address in England or Wales of the landlord (a service address where legal notices can be sent)
• The names of all tenants including joint tenants
• The address of the property
• The tenancy start date
• The rent amount and when it is due
• A statement that any rent increase will be served in accordance with Section 13 of the Housing Act 1988
• If bills are included in the rent — which bills are covered (from: council tax, utilities including electricity, gas or water, TV licence, communications services, green deal energy improvements) and the amount due or how and when the tenant will be told
• The deposit amount and which government-approved scheme it is protected in
• The minimum notice period the tenant must give to end the tenancy (this cannot exceed two months — if not stated, it defaults to two months)
• A statement that the landlord can only end the tenancy by obtaining a court order for possession in most circumstances
• Prior written notice of any possession grounds that require it (see below)
• The landlord's obligations under Section 9A of the Landlord and Tenant Act 1985 (fitness for human habitation)
• The landlord's obligations under Section 11 of the Landlord and Tenant Act 1985 (repairs to structure, exterior and installations)
• The landlord's obligations under the Electrical Safety Standards in the Private Rented Sector Regulations 2020 (EICR requirement)
• If there is a gas installation — the landlord's obligations under Regulation 36 of the Gas Safety (Installations and Use) Regulations 1998
• The tenant's right to request a pet under Section 16A of the Housing Act 1988, and that consent cannot be unreasonably refused
• Information about Section 190 of the Equality Act 2010 regarding disability adaptations
• The maximum advance rent restriction — no more than one month from 1st May 2026

Prior notice of possession grounds

To use certain possession grounds, the landlord must have told the tenant in writing at the start of the tenancy that they may seek possession using that ground. This is called giving the tenant "prior notice" and it must be included in or provided alongside the Written Statement before the tenancy is agreed.

The grounds that require prior notice are: 2ZA to 2ZD (superior lease), Ground 4 (student occupation), Ground 4A (HMO student properties), Grounds 5 to 5H (various supported and employment-related grounds), and Ground 18 (supported accommodation).

Ground 4A is the most critical. If prior notice is not given before the tenancy is signed, the landlord cannot use Ground 4A at all — not even with a fine. For all other grounds in this list, failure to give prior notice does not prevent possession but exposes the landlord to a fine of up to £7,000 from the local council.

If you are a student HMO landlord, the prior notice for Ground 4A must be in place before the tenancy agreement is signed. This cannot be added retrospectively.

When exactly must it be provided?

The Written Statement must be given to the tenant before the tenancy agreement is signed. If you are signing in person, you must hand it to them before they sign. If you are signing remotely, you must send it and confirm receipt before the agreement is executed.

There is no grace period. Providing it on the day of signing but after the signature is a breach.

What is the penalty for not providing it?

The fine for failing to provide a Written Statement is up to £7,000 for a first breach. For a repeated breach, the fine rises to up to £40,000. Local authorities are responsible for enforcement.

What about verbal agreements?

If a verbal agreement is reached before 1st May 2026 but the written agreement is not signed until after that date, the Written Statement requirement applies. The relevant date is when the tenancy agreement is signed, not when the verbal agreement was made.

How can LegalDraft Pro help?

Our Written Statement of Terms generator at LegalDraft Pro produces a document drafted to reflect the requirements of the Renters' Rights Act 2025, tailored to your property and tenancy in minutes. It covers all required fields and is available to members with full access.