In the 1988 Act, after section 16C (inserted by section 11 of this Act) insert—
“Duties of landlords and persons acting on their behalf
16D Duty of landlord and contractor to give statement of terms etc

  • (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 25
      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 35
    Parliament.”