Renters' Rights Act: Wording confirmed for new tenancy agreements

Wording for new written statements being brought in under the Renters’ Rights Act has today been confirmed by Government

From 1 May this year landlords will need to provide a written statement setting out certain mandatory information before tenancy agreements are signed.  

The Government has now published secondary legislation in draft setting out what should be included, giving the sector the opportunity to start preparing new tenancy agreements ahead of 1st May.  

What information needs to go in a written statement for an assured periodic tenancy?

The mandatory information that must be included is: 

• The name of the landlord (including all joint landlords) for the tenancy 
• The name of all of the tenants 
• An address in England or Wales where notices can be served on the landlord  
• The address of the property being let 
• The date on which the tenant is entitled to possession of the property from 
• The rent and when it is due 
• A statement that the landlord must serve a Section 13 notice to increase rent 
• Details on whether any utilities, television licences, communication services or council tax are included in the rent or paid by the tenant to the landlord. If they are paid separately then this must include details of either how it will be paid and when it is due, or how the tenant will be notified of this.  
• If a deposit is taken, the amount of the security deposit that has been paid (but not which scheme it will be protected in) 
• The minimum notice period a tenant will have to give to terminate the agreement (normally two months but can be shorter if you wish).  
• A statement setting out that in accordance with the Housing Act 1988,  a) The landlord can normally only end an assured tenancy via a court order; and  b) To get a court order the landlord will normally need to serve a notice seeking possession in a prescribed form (The Section 8 Notice) and setting out the grounds for possession. c) The notice period will be determined by the grounds for possession that are used.   
• In most cases, a statement that the landlord is under an obligation to ensure the property is fit for human habitation 
• In most cases, a statement setting out the landlord’s obligations under Section 11 of the Landlord and Tenant Act 1985: 
•  In most cases, a statement setting out the landlord’s obligations under the Electrical Safety regulations 
• If there is gas in the property, a statement setting out the landlord’s obligations under the Gas Safety (installation and use) Regulations 
• Information about Section 190 of the Equality Act. This sets out that a landlord may not unreasonably withhold consent to an adaptation that would facilitate a disabled occupant’s enjoyment of the premises.  
• A statement that the tenant may request a pet in accordance with Section 16A of the Housing Act 1988 and that the landlord may not unreasonably withhold consent.  
• If the tenancy is for supported accommodation, a statement to that effect and an explanation as to why it meets the criteria for supported accommodation.  

How do I provide this information?

If you’re signing the agreement on or after 1st May, then this information will usually be contained in the assured periodic tenancy agreement itself, so you don’t need to provide it separately. However, you can if you wish.  

Make sure to download a new assured periodic tenancy agreement from the NRLA site before you do. 

Using an older tenancy template from 1^st May, not only means you are giving the wrong information, but you could also face fines from your local authority. 

What if I don’t provide this information?

Failing to provide this information is a breach of the Renters’ Rights Act and could mean you are fined by a local authority.  
 
Normally this civil penalty will be around £4,000 but can be higher, particularly for repeated failures.  

What about existing tenancies?

If your tenancy is already in writing, then you don’t need to provide a new written tenancy agreement or a separate written statement.  

Instead, you will be expected to provide a separate information sheet to your tenants outlining the changes. This will be published by the Government in March and must be served on your existing tenants no later than 31st May. 

How will the NRLA support me with this?

The wording is still in draft form but it is unlikely to change much, with the final version to be confirmed in March.

Now that we have the draft tenancy information we will prepare an assured periodic tenancy and make it available to members shortly.  

This will allow you to familiarise yourself with the new tenancy and negotiate tenancies you plan to sign on or after 1st May.  

For tenancies  signed before 1st May, we will also amend our existing assured shorthold tenancies to incorporate the relevant changes, giving you the chance to show your tenants you are prepared for the Renters Rights Act changes.  

Where can I find further guidance on this?

Over the coming days we will update our guidance on the site with more information and templates for you to use. Check our Renters’ Rights Hub for updates.  

We also understand that more detailed guidance on how to comply with these requirements is going to be published by the Government in the near future, which will be available on this page.