Landlord Duty to Provide Written Terms HA 1988 s. 20A
A tenant can request a written statement of unwritten tenancy terms. Landlords failing to comply within 28 days face a level 4 fine under HA 1988 s. 20A.
Subject to subsection (3) below, a tenant under an assured shorthold tenancy to which section 19A above applies may, by notice in writing, require the landlord under that tenancy to provide him with a written statement of any term of the tenancy which— falls within subsection (2) below, and is not evidenced in writing. The following terms of a tenancy fall within this subsection, namely— the date on which the tenancy began or, if it is a statutory periodic tenancy or a tenancy to which section 39(7) below applies, the date on which the tenancy came into being, the rent payable under the tenancy and the dates on which that rent is payable, any term providing for a review of the rent payable under the tenancy, and in the case of a fixed term tenancy, the length of the fixed term. No notice may be given under subsection (1) above in relation to a term of the tenancy if— the landlord under the tenancy has provided a statement of that term in response to an earlier notice under that subsection given by the tenant under the tenancy, and the term has not been varied since the provision of the statement referred to in paragraph (a) above. A landlord who fails, without reasonable excuse, to comply with a notice under subsection (1) above within the period of 28 days beginning with the date on which he received the notice is liable on summary conviction to a fine not exceeding level 4 on the standard scale. A statement provided for the purposes of subsection (1) above shall not be regarded as conclusive evidence of what was agreed by the parties to the tenancy in question. Where— a term of a statutory periodic tenancy is one which has effect by virtue of section 5(3)(e) above, or a term of a tenancy to which subsection (7) of section 39 below applies is one which has effect by virtue of subsection (6)(e) of that section, subsection (1) above shall have effect in relation to it as if paragraph (b) related to the term of the tenancy from which it derives. In subsections (1) and (3) above— references to the tenant under the tenancy shall, in the case of joint tenants, be taken to be references to any of the tenants, and references to the landlord under the tenancy shall, in the case of joint landlords, be taken to be references to any of the landlords.
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
Under an assured shorthold tenancy, if agreement terms are not recorded in writing, the tenant can give written notice asking the landlord for a written statement of those unwritten terms. This applies to core terms such as the tenancy start date, rent amount, rent payment dates, rent review terms, and the length of any fixed term.
The landlord must comply within 28 days of receiving the notice. A landlord who fails to provide the requested statement within 28 days without a reasonable excuse commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
A statement provided under this rule serves as evidence of the tenancy terms, but it is not regarded as conclusive evidence of what the parties agreed. Notice may be given by any joint tenant, and serving it on any joint landlord counts as giving it to the landlord.
When it applies
- A landlord agreed verbally on the rent amount and start date but gave the tenant no written paperwork.
- A tenant wants written confirmation of rent review terms after starting an unwritten agreement.
- A joint tenant writes to one joint landlord requesting written details of the length of their fixed term.
- A periodic tenancy arises and the tenant requests written confirmation of derived tenancy terms.
What this section does not say
- Providing general information packs or standard tenancy guides to tenants.
- Challenging the fairness or excessive amount of rent increases.
- Serving eviction notices or seeking possession of the dwelling.
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This page reproduces the text of HA 1988 s. 20A 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.