Duty to give statement of terms etc. HA 1988 s. 16D
Landlords and contractors must give tenants a written statement of terms before the tenancy starts or within 28 days for certain cases. HA 1988 s.16D.
This section applies to an assured tenancy other than a tenancy granted by implication, after an implied surrender of a previous assured tenancy between the same parties, where the implied surrender and grant result from an agreement to vary the terms of the previous tenancy. The landlord under a tenancy to which this section applies must give the tenant a written statement of— such terms of the tenancy as are specified in regulations made by the Secretary of State, whether in the form of an agreement in writing between the landlord and tenant or a record of terms otherwise agreed, and any other information in writing about any of the following which is required to be given by regulations made by the Secretary of State— the tenancy; the dwelling-house let on the tenancy; the tenant; the landlord; the rights of the landlord or the tenant in relation to the tenancy or the dwelling-house let on it. The landlord may include in a statement under subsection (2) a statement of the landlord’s wish to be able to recover possession on one or more of Grounds 1B, 2ZA to 2ZD, 4, 5 to 5H, 6A or 18 in Schedule 2 (for the consequences of specifying a ground mentioned in this subsection in a notice under section 8 where no statement under this subsection is so included, see section 16E(1)(f) and section 16I(1)(a. Subject to subsections (5) to (7), the statement under subsection (2) must be given before the tenancy is entered into. Where a tenancy to which this section applies— arises by succession as mentioned in section 39(5), or is an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3, the statement under subsection (2) must be given within the period of 28 days beginning with the date on which the landlord acknowledges the tenant’s right to a tenancy. Where a tenancy becomes a tenancy to which this section applies by virtue of section 143C(3) of the Housing Act 1996 (demoted tenancies: change of landlord), the statement under subsection (2) must be given within the period of 28 days beginning with the date on which the new landlord becomes the landlord under the tenancy. In any other case where a tenancy becomes a tenancy to which this section applies, the statement under subsection (2) must be given within the period of 28 days beginning with the date on which the tenancy becomes an assured tenancy. Where a landlord has entered into a contract with a person which requires that person to ensure compliance with this section (whether or not this section is referred to individually), subsection (2) also applies to that person, as it applies to the landlord. Regulations under this section— may make different provision for different purposes; are to be made by statutory instrument. A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section applies only to assured tenancies that arise from an implied surrender and grant after a variation of the previous tenancy. The landlord must give the tenant a written statement of the terms specified in regulations, and any other information required, before the tenancy is entered into. In cases of succession, agricultural occupancy, or demoted tenancies, the statement must be given within 28 days.
If the landlord uses a contractor to ensure compliance, that contractor also has the duty to give the statement. The statement may include a note about grounds for possession. The exact terms to be included are set out in regulations made by the Secretary of State.
When it applies
- A landlord and tenant agree to change the rent and other terms, and the agreement is treated as an implied surrender and new tenancy; the landlord must give a written statement of the new terms before the tenancy starts.
- A tenant inherits an assured tenancy by succession; the landlord must give a statement within 28 days of acknowledging the tenant's right.
- An agricultural worker becomes an assured agricultural occupier; the landlord must give a statement within 28 days.
- A demoted tenancy becomes an assured tenancy after a change of landlord; the new landlord must give a statement within 28 days.
- A landlord contracts with a managing agent to handle compliance; the agent must also give the statement.
What this section does not say
- This section does not apply to standard assured shorthold tenancies granted directly without a prior implied surrender.
- It does not set penalties for failure to give the statement; penalties are in sections 16I and 16J.
- It does not require the statement to include all terms of the tenancy, only those specified in regulations.
- It does not apply to tenancies that are not assured, such as regulated tenancies under the Rent Act.
Related sections
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This page reproduces the text of HA 1988 s. 16D in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.