Written Statement of Terms – Clearing Up the Confusion (ELA Guidance)

Following on from our recent training sessions, it has highlighted some grey areas around the Written Statement of Terms and how it should be provided to tenants.

Across the sector, there are currently mixed views:

• Some professionals are advising that the Written Statement should be provided separately before signing

• Others are suggesting that including the information within the tenancy agreement itself is sufficient

  
  

This inconsistency is not surprising given the current position of the official guidance.

Current Government Guidance – Where the Confusion Lies

The guidance titled:

“Written information that must be given to tenants: guidance for landlords and agents”

includes the following statement:

“This guidance is a draft and the content may change. We are publishing it now to give you time to prepare, and will publish the final version in March.”

As of now, no updated version has been published, which leaves landlords and agents working from guidance that is still technically in draft form.

What the Guidance Requires

The same document clearly states:

“You will need to give this information when you create a new tenancy on or after 1 May 2026. You will need to do this before you and your tenant sign a tenancy agreement or otherwise agree the tenancy (for example, before you agree the tenancy verbally).”

This is a key compliance point.

It establishes that:

• The information must be given before the tenancy is agreed

• This includes before signing or even verbal agreement

  
  

Conflicting Position within the Same Guidance

However, the document also adds:

“It is expected that you will decide to include this information in a written tenancy agreement, but you can give it separately if you wish. If you are using written tenancy agreements, you may be providing a lot of this information already.”

This is where the ambiguity arises.

On one hand:

• You are told the information must be provided before agreement

  
  

On the other:

• You are told it can be included within the tenancy agreement

  
  

In practice, these two positions create uncertainty around:

• Timing

• Format

• Evidence of compliance

  
  

ELA Position – A ‘Belt and Braces’ Approach

At the ELA, we always favour a cautious and defensible position, particularly where legislation is new or still evolving.

Our recommendation is therefore:

• Provide the Written Statement of Terms as a separate document

• Issue it before the tenancy agreement is signed or agreed

• Retain clear evidence that it has been sent to the tenant

  
  

This aligns with what we refer to as a “belt and braces” approach:

• If the courts or councils take a stricter interpretation

• If enforcement becomes more active

• If guidance is later clarified

  
  

…you are already in a compliant and defensible position.

Why This Matters in Practice

Taking this approach protects you in several ways:

1. Clear audit trail

You can demonstrate:

• When the document was issued

• That it was issued before agreement

  
  

2. Reduced legal risk

If possession is ever challenged, you avoid arguments such as:

• “The tenant did not receive the required information”

• “The agreement was entered into before disclosure”

  
  

3. Future-proofing your process

If updated guidance tightens requirements, you are already compliant.

Best Practice Summary

Until clearer guidance is issued, our recommended process is:

1. Issue the Written Statement of Terms

2. Send it to the tenant before any agreement is reached

3. Keep evidence (email, portal log, or signed acknowledgement)

4. Then proceed to:

   • Referencing

   • Tenancy agreement signing

     
     

What Happens Next

Given the draft status of the current guidance, it is likely that further clarification will be provided.

As always:

If things become clearer in the near future, we will of course pass this information on.

Additional Requirement – Tenant Privacy & Data Protection Notice

Alongside the Written Statement of Terms, landlords and agents should also ensure they are providing a Tenant Privacy and Data Protection Notice.

This is a separate requirement under data protection legislation and remains an area that is often overlooked in practice.

As part of the letting process, landlords will typically:

• Carry out referencing checks (often through providers such as Let Alliance)

• Share tenant data with contractors for repairs and maintenance

• Provide information to utility companies, councils, and in some cases the DWP

This means personal data is being collected, processed, and shared across multiple parties.

Final Thoughts

This is a classic example of where compliance is not just about what the legislation says, but about how it may be interpreted and enforced.

By taking a cautious, structured approach now, you:

• Protect your business

• Improve consistency across tenancies

• Strengthen your position in any dispute

  
  

If you would like help implementing this into your processes, Members can find a word and PDF version of this document in the landlord toolkit on our site