Tenancy Agreements and Written Statements

A tenancy agreement sets out what the landlord and tenant have agreed. Even when the law does not require a signed agreement, writing things down is still one of the easiest ways to avoid arguments later and to prove the basic terms.

From 1 May 2026, most assured tenancies in England will be caught by the Renters’ Rights Act 2025. Landlords will have to give tenants a written statement containing prescribed terms and prescribed information.

Why it is worth putting the terms in writing

Even if an agreement could legally be oral, a written document usually saves trouble later. It helps because it:

cuts down arguments about what was agreed, such as rent, bills, notice, pets, repairs and access
makes disputes easier to sort out because you can point to the wording instead of relying on memory
helps with possession and arrears claims because it shows the key terms and, where relevant, service of notices

Once the occupier has moved in, you will usually not be able to make them sign a tenancy agreement afterwards, so get the paperwork done before occupation

Tenancy types and what paperwork is needed

The written statement duty below applies to assured periodic tenancies. From 1 May 2026, those tenancies are periodic and have no fixed term.

Other arrangements still exist, and the paperwork is different. For example:

assured tenancies
- you must provide a compliant written statement
company lets and other non-assured tenancies
- the statutory written statement duty does not apply in the same way, but a written contract is still sensible
licences and lodger arrangements
- these are not assured tenancies, but a written agreement is still strongly recommended
very long tenancies
- a tenancy granted for more than 3 years will usually need to be created by deed, with signatures witnessed

If you are not sure whether an arrangement is assured, non-assured or a licence, that uncertainty is a risk in itself. Get advice or use a template meant for the right tenancy type.

Oral agreements can still create tenancies

A tenancy can be created orally. If someone moves in and pays rent, a tenancy will often exist even if nothing was signed.

Be careful with “on approval” arrangements. In real life, occupation plus rent will often mean the tenancy has already been created, and the occupier may get statutory protection straight away.

The written statement duty for assured tenancies from 1 May 2026

For assured tenancies in England, the landlord must give the tenant a written statement of:

prescribed tenancy terms
other prescribed written information about the tenancy, the parties, the property and their rights

This comes from section 12 of the Renters’ Rights Act 2025, which inserts section 16D into the Housing Act 1988.

It does not have to be called “a tenancy agreement”

The written statement can be:

an agreement in writing between landlord and tenant
a written record of terms agreed in some other way

So it does not have to be labelled “tenancy agreement”. Most landlords will still use a full written agreement, as long as it includes everything the legislation requires.

When it must be given

The written statement must be given before the tenancy is entered into.

There are a few exceptions where the law allows up to 28 days, for example, in some succession cases or where a tenancy later becomes assured. Most landlords should keep it simple: give it before the tenancy starts and keep proof that it was sent.

Who is responsible

The main duty is the landlord’s. Landlords should therefore assume they remain responsible for ensuring the written statement is properly given and on time.

However, where the landlord has contracted with an agent or manager to handle compliance, the legislation places the duty on that person as well. In other words, if an agent has agreed to handle this part of the tenancy setup, the duty may apply to both landlord and agent.

In strict terms, that can create an effective dual-written-statement requirement. The safer view is that there should be a landlord copy and, where the agent is separately under the duty, an agent copy as well. In practice, an agent can usually deal with service on the landlord’s behalf, but it should be clear when they are doing so.

landlords should not assume the duty disappears just because an agent is instructed
agents should check their terms of business carefully and assume they may have their own duty too
if an agent serves the statement, the service should make clear whether it is the landlord’s statement, the agent’s statement, or both
landlords and agents should have a clear system so there is evidence of what was served and on whose behalf

What the written statement must include

The written statement must cover prescribed details, key financial terms, and basic rights and obligations under The Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026:

the names of the landlord and tenant, including any joint landlords or joint tenants
where two or more people jointly constitute the landlord, the name of each of them must be included. This usually means naming all joint owners who are granting and standing behind the tenancy, but the test is who is the landlord under the tenancy, not ownership as a label by itself
the property address
the date the tenant first becomes entitled to possession
an address in England or Wales for service of notices on the landlord, including notices in proceedings

It must also deal clearly with money and payments, including:

the rent and when it is due
- for assured tenancies, rent periods must not be longer than monthly
how rent increases work, using the statutory section 13 process
whether the tenant has to make any bill payments to the landlord, whether included in the rent or charged separately, and how the amount and due date are fixed or notified
the amount of any tenancy deposit, where the Housing Act 2004 deposit rules apply

It must also explain key rights and processes, including:

the minimum notice the tenant must give to end the tenancy
that the landlord will usually only be able to end the tenancy through a court possession order and enforcement, and that notice periods depend on the relevant notice and possession ground

It must include summary statements about basic standards and safety duties, including:

fitness for human habitation
repairing obligations under section 11, where that section applies
electrical safety duties, including inspection and testing at least every 5 years and giving the report to the tenant
gas safety duties, where gas fittings are installed

It must also cover specific tenant rights, including:

disability-related improvement requests, where consent must not be unreasonably withheld
pets in assured tenancies, where the tenant may request a pet and consent must not be unreasonably refused

If the tenancy is supported accommodation, the statement must say so and explain why.

The possession grounds “wish” statement

The written statement may say that the landlord wishes to recover possession on the grounds listed in Schedule 2.

That matters because some grounds, including 1B, 2ZA to 2ZD, 4, 5 to 5H, 6A and 18, depend on whether that statement was given at the start. If a student landlord with an HMO wants to rely on student churn ground 4A, the written statement must also include the student ground statement.

If there is any chance you may want to rely on one of those grounds later, include the statement from day one.

Transitional rules for existing tenancies on 1 May 2026

Existing tenancies are treated differently depending on whether they are wholly or partly in writing, or wholly oral.

Deadlines run from the legal “commencement date” for that tenancy. In many cases, that will be 1 May 2026, so the one-month deadline will be 31 May 2026. Some tenancies will have a different commencement date, for example, where an existing notice was already in play, so do not assume every tenancy shares the same date.

Existing tenancies wholly or partly in writing

You do not need to replace an existing written or partly written tenancy with a new section 16D written statement just because the law has changed.

Instead, you must provide the prescribed Information Sheet 2026 about the Renters’ Rights Act 2025 changes, within one month of the commencement date. In most cases, that means by 31 May 2026.

Where there’s an agent, like having a duty to provide a dual written statement discussed earlier, they must also provide the Information Sheet if they are managing the property. Government guidance confirms the dual duty:

If you are a landlord and have a letting agent who manages the property on your behalf, then the agent must provide the Information Sheet to the tenant, even if you have also provided it.

What counts as partly in writing

If there is any written element at all, treat the tenancy as wholly or partly in writing. That could be:

a signed agreement
a renewal letter
an email chain confirming the rent or the parties
a written variation
a portal record showing the agreed terms

If you rely on this route, keep evidence of the written element and proof that the information sheet was delivered.

If you cannot find the tenancy agreement

Do not assume straight away that the tenancy must be oral. First, look for anything in writing: agent files, e-sign records, email chains, portal PDFs, renewal letters or written variations.

If there is no written record at all, treat that as a compliance risk and follow the wholly oral route below.

Existing tenancies wholly oral

If the tenancy is wholly oral at commencement, you must provide the full section 16D written statement, including prescribed terms and prescribed information, within one month of the commencement date. In many cases, that means by 31 May 2026.

Signing and format

Electronic signatures

Tenancy documents can be signed electronically. In many cases, that is the easiest option because it creates an audit trail showing the tenant received the document before the tenancy was entered into.

If the tenancy has to be executed as a deed, pay close attention to the witnessing rules.

Copies and record keeping

Best practice is for both parties to keep a full copy, or a complete PDF with the audit record.

Keep clear evidence of:

what you sent
when you sent it
how you sent it, whether by email, portal log, e-sign audit or acknowledgement

Unfair terms and common problem clauses

The Consumer Rights Act 2015 requires standard terms in consumer contracts, including tenancy agreements, to be fair. An unfair term may be unenforceable even if the rest of the agreement still stands.

Common problem areas include clauses that go too far in the landlord’s favour. For example, a term may be vulnerable if it says:

the tenant must pay for professional cleaning at the end of the tenancy in every case, regardless of the property’s condition
the tenant is responsible for all repairs, including matters which are really the landlord’s responsibility
the landlord or agent may enter the property whenever they like without giving notice, except in an emergency

Clauses should be drafted in a balanced way. Cleaning clauses should usually focus on returning the property to a similar standard of cleanliness to the start of the tenancy, allowing for fair wear and tear. Access clauses should usually require reasonable notice except in a genuine emergency. Repair clauses should not try to transfer the landlord’s core legal repairing duties to the tenant.

Terms you should still cover clearly

Even with the new written statement structure, the document still needs to deal with the everyday practical points, including:

when rent is due, and that for assured tenancies it must not be more than monthly
that rent is payable in advance, but not before the period for which it is due, so you should not ask for cleared funds 3 days early
how repairs are reported and how access is arranged
keeping the property reasonably clean and in reasonable condition
subletting rules and consent requirements
end-of-tenancy cleaning expectations, within fair limits
tenant notice requirements, aligned with the statutory position for assured tenancies

Compliance checklist

New assured tenancies from 1 May 2026

issue the written statement before the tenancy is entered into
make sure it includes all prescribed terms and prescribed information
consider including the possession grounds “wish” statement where relevant
keep evidence of delivery and, where relevant, signing

Existing tenancies in May 2026

identify which tenancies are:
- wholly or partly in writing
- wholly oral
for written or partly written tenancies:
- serve the government information sheet within one month of the Renters’ Rights Act commencement date, usually between 1 and 31 May 2026
for wholly oral tenancies:
- serve the full section 16D written statement within one month of the Renters’ Rights Act commencement date, usually between 1 and 31 May 2026
keep evidence of what was served and when

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