A new survey by legal experts PHR Solicitors has revealed that a large number of UK landlords may be unknowingly putting themselves at legal risk by failing to provide tenants with the government’s ‘How to Rent’ guide—a document legally required at the start of every tenancy.
The findings show that 72% of tenants reported not receiving the guide when they moved in. The research highlights a widespread compliance gap, particularly among older tenants and female renters, potentially invalidating a landlord’s right to issue a Section 21 notice if needed.
“Failing to do so does not just put tenants at a disadvantage – it can also prevent landlords from serving a Section 21 notice,” explained Lynne Swanson, Chartered Legal Executive at PHR Solicitors.
Older tenants most overlooked as compliance falters
The survey identified that older tenants were most likely to be overlooked. Among those aged over 70, 82% said they had not received the guide. Even tenants aged 30–39 reported high non-compliance, with 79% stating they were never given the document.
The age group most likely to receive the guide was tenants aged 60–69, but even then, only 37% confirmed they had been provided with it—meaning the majority were still left without essential legal information.
These figures raise red flags for landlords, especially those managing tenancies with older or long-standing residents who may have been onboarded under outdated or less formal practices. In a regulatory landscape that is increasingly unforgiving, missing one step—even unintentionally—can have serious consequences.
Gender gap adds another layer of risk
The survey also pointed to gender disparity in document compliance. Just 26% of women reported receiving the guide, compared to 35% of men. While the reasons for this gap weren’t explored in depth, it reinforces the need for landlords and agents to follow consistent and standardised onboarding processes regardless of tenant demographics.
“Landlords are legally required to provide the latest version of the ‘How to Rent’ guide to tenants at the start of a tenancy,” Swanson emphasised. “With so many tenants reporting they never received the guide, many landlords could be exposing themselves to unnecessary legal risk.”
Not issuing the guide doesn’t just breach the Deregulation Act 2015, it can also invalidate possession proceedings, a costly error if a landlord needs to regain control of their property.
Simple oversight, serious consequences
While the ‘How to Rent’ guide is just a PDF published by the Department for Levelling Up, Housing and Communities, its legal weight is significant. Without documented proof of delivery—ideally via email or a signed receipt—landlords may find themselves unable to take back possession using Section 21, especially in disputes or if tenants challenge proceedings.
