Section 16D Duty of landlord and contractor to give statement of terms etcF1

(1)

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.

(2)

The landlord under a tenancy to which this section applies must give the tenant a written statement of—

(a)

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

(b)

any other information in writing about any of the following which is required to be given by regulations made by the Secretary of State—

(i)

the tenancy;

(ii)

the dwelling-house let on the tenancy;

(iii)

the tenant;

(iv)

the landlord;

(v)

the rights of the landlord or the tenant in relation to the tenancy or the dwelling-house let on it.

(3)

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)).

(4)

Subject to subsections (5) to (7), the statement under subsection (2) must be given before the tenancy is entered into.

(5)

Where a tenancy to which this section applies—

(a)

arises by succession as mentioned in section 39(5), or

(b)

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.

(6)

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.

(7)

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.

(8)

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.

(9)

Regulations under this section—

(a)

may make different provision for different purposes;

(b)

are to be made by statutory instrument.

(10)

A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations

Textual amendments

F1: S. 16D and cross-heading inserted (1.5.2026 for specified purposes) by Renters’ Rights Act 2025 (c. 26), ss. 12, 145(1)(8) (with ss. 138, 146(1), 147(1)(2), Sch. 6 paras. 1, 3, 4, 7, 16, 17); S.I. 2026/421, reg. 2(a)

Notes on Part I

Modifications

C1

Part I (ss. 1–45) modified by S.I. 1990/776, arts. 2(2), 5(2)(b) and excluded by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 242

C2

Part I (ss. 1–45) applied by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8, para. 19(3)

C3

Part I (ss. 1-45) definition applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167(3), 223(2), Sch. 11 para. 10 (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)

C4

Pt. I (ss. 1-45) definition applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 168(3), 225(2), Sch. 19 para. 10 (with ss. 15(6), 179, 222(3), 224(1), Sch. 22 para. 1, Sch. 23 para. 6)

C5

Pt. I (ss. 1-45) restricted (1.11.1993) by 1993 c. 28, s. 59(2)(c)(iii); S.I. 1993/2134, arts. 2, 5

Pt. I (ss. 1-45) excluded (3.3.1997) by 1985 c. 68, s. 348D(5) (as inserted (3.3.1997) by 1996 c. 52, s. 67(1) (with s. 70); S.I. 1997/350, art. 2

Pt. I (ss. 1-45) modified (1.10.1996) by 1996 c. 27, s. 30(4)(b); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

C6

Pt. 1 excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 33, 270(3); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)