What must a landlord give a tenant before they move in?

Before the tenancy is entered into, a landlord in England must give the tenant a written statement of key terms — a duty that began only on 1 May 2026, enforced by a council fine of up to £7,000. With it go the gas safety record and the electrical report, both before the tenant occupies, and an EPC free of charge. The Right to Rent check comes before the tenancy starts; deposit paperwork within 30 days. One document that used to head this list no longer belongs on it: How to Rent is not required for private assured tenancies.

The written statement of key terms

Section 16D of the Housing Act 1988, inserted by the Renters' Rights Act 2025 (c. 26) and in force from 1 May 2026, requires a written statement of specified terms. Regulation 2 and the Schedule to the Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026 (SI 2026/324) set the content.

What it must contain

Part 1 of the Schedule runs to eighteen paragraphs. In short:

• Names of landlord and tenant — on a joint letting, "the name of each person that jointly constitutes the tenant", and the same for joint landlords.
• "An address in England and Wales at which notices (including notices in proceedings) may be served on the landlord by the tenant", and the property address.
• "The date on which the tenant is first entitled to possession under the tenancy".
• The rent and when it is due; that an increase needs a section 13 notice; and any bill payment made to the landlord, inside or outside the rent, with amounts and dates.
• "the amount of any tenancy deposit", where section 213 of the Housing Act 2004 applies.
• The minimum notice the tenant must give to quit, and that possession generally needs a court order preceded by a notice specifying the ground.
• The landlord's obligations: fitness for human habitation, section 11 repairs, five-yearly electrical inspection, gas safety.
• Disabled tenants' improvements under section 190 of the Equality Act 2010; that a pet may be requested and consent not unreasonably refused; and, for supported accommodation, why it is granted as such.

When, and by whom

Section 16D(4) says the statement "must be given before the tenancy is entered into" — before you sign, or agree one orally. It may sit inside the agreement or stand alone. On a joint tenancy it must name every person who jointly constitutes the tenant; serve each and have each acknowledge it. Section 16D(8) extends the duty to a contractor engaged to ensure compliance, so your managing agent shares the obligation rather than absorbing it.

The penalty

A council may impose a financial penalty where satisfied beyond reasonable doubt that section 16D was contravened. Under section 16I(6) the amount "must not be more than £7,000", which GOV.UK renders as "you could be fined up to £7,000". The breach is a continuing one, and repeat conduct within five years can bring an offence under section 16J or a penalty of up to £40,000.

How to Rent is no longer required

Regulation 10 of the Renters' Rights Act 2025 (Consequential Amendments) and Tenancies (Miscellaneous Amendments) (England) Regulations 2026 (SI 2026/325) reads: "The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 are revoked." Those 2015 Regulations (SI 2015/1646) carried the How to Rent requirement. The revocation took effect on 1 May 2026 and, under regulation 1(3), applies to private assured tenancies.

So for a private assured tenancy granted now, serving How to Rent is not a legal requirement, and failing to serve it is not a breach. Any checklist still treating it as mandatory is working to a repealed rule. One caution: regulation 12(2) preserves the old rules for a narrow transitional class where possession proceedings or a section 8 notice predate commencement. See what the Renters' Rights Act changed.

Certificates and records

• Gas safety record. Regulation 36(6)(b) of the 1998 Regulations: the last record for each appliance or flue goes to a new tenant "before that tenant occupies those premises"; existing tenants, within 28 days of the check.
• EICR. Regulation 3(3)(e)(i) of the Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) Regulations 2020: the most recent report goes to a new tenant "before that tenant occupies those premises", with inspections at no more than five-year intervals.
• EPC. Regulation 6 of the Energy Performance of Buildings (England and Wales) Regulations 2012: available free of charge "at the earliest opportunity", and no later than the first written information or the viewing. See safety certificates and EPC ratings.

Deposit paperwork

Protect the deposit with an authorised scheme and serve the prescribed information within 30 days of receiving it. The cap, the contents and the cost of getting it wrong are in our tenancy deposits guide.

Right to Rent

Check every adult who will use the property as their main home before the tenancy starts, including people not named on the agreement. Where permission to stay is time-limited, check "in the 28 days before the start of the tenancy".

Three routes: original documents with the tenant present; a registered Digital Verification Service; or, where the tenant has a share code, an online check. For the share code route, ask the tenant for the code, use the GOV.UK service to reach their profile page, save or print it, and record the date. British and Irish citizens cannot get a code.

The civil penalty is £10,000 for a first breach and £20,000 for a repeat where the person is a tenant in rented accommodation; for a lodger in a private household, £5,000 and £10,000. GOV.UK frames the maximum as a fine of up to "£20,000 for each tenant"; pay within 21 days and 30% comes off.

The pack

1. Written statement of key terms — before the tenancy is entered into.
2. Gas safety record, where there is a relevant gas fitting — before occupation.
3. EICR — before occupation.
4. EPC — free of charge, from first written details or viewing.
5. Right to Rent check on every adult occupier — before the tenancy starts.
6. Deposit protected, prescribed information served — within 30 days.
7. Signed, dated inventory with meter readings and keys.

Serve it so you can prove it

Each item above is a duty to give, so the question before a council or a judge is not whether the document exists but whether you can show it reached the tenant, and when. Send the pack as one bundle, take a dated acknowledgement from each named tenant, and keep the sending record. A statement drafted perfectly but never evidenced is one you cannot rely on.

General information, current at October 2026, and not legal advice. Pre-tenancy duties turn on the type of tenancy and its dates — confirm on GOV.UK or take advice before you let.

To have a pre-tenancy pack checked before anything is signed, ring 0161 710 4510, call in at 12–14 Midland Street, Manchester M12 6LB, or book a valuation.