Tenancy guarantor

Asked to be someone's guarantor, or asked to provide one yourself? A guarantor agreement is a real, binding promise — not just a formality on the way to signing a tenancy.

What is a guarantor actually agreeing to?

A guarantor signs a written agreement promising to cover specific obligations if the tenant does not — typically unpaid rent, and often damage to the property or other costs owed under the tenancy, up to whatever the agreement says. It is a formal, legally binding promise, not an informal favour.

Can a landlord charge a fee for arranging a guarantor?

No. The Tenant Fees Act 2019 bans most fees connected to setting up or renewing a tenancy, and a term in a guarantor agreement that tries to charge a prohibited fee is not binding on the tenant, anyone acting for them, or the guarantor.

Does the guarantee automatically end when the fixed term ends?

Not necessarily. Whether a guarantee continues once a fixed-term tenancy rolls into a statutory periodic tenancy depends entirely on the wording of the guarantee agreement — many are deliberately drafted to continue covering the tenant for as long as the tenancy itself continues, so read the small print rather than assuming cover simply stops.

Is the guarantor jointly liable with the tenant, or only if the tenant cannot pay?

This depends on how the agreement is worded. Many guarantor agreements make the guarantor jointly and severally liable, meaning the landlord can pursue the guarantor directly for the full amount owed without necessarily exhausting attempts against the tenant first.

Can a guarantor agreement be enforced if it was never put in writing?

Generally no — a guarantee of another person's debt normally needs to be evidenced in writing and signed to be enforceable. A purely verbal promise to act as guarantor is unlikely to hold up if the landlord later tries to rely on it.

What should a guarantor check before signing?

Read the whole agreement, not just the headline rent figure — check whether liability is capped, whether it covers damage as well as rent, how long the guarantee lasts, and whether it continues automatically into any periodic tenancy that follows the fixed term.

Can a guarantor withdraw from the agreement partway through a tenancy?

Generally not unilaterally — a guarantee is a binding contract for its stated duration, and a guarantor cannot simply give notice to end their liability early unless the agreement itself allows for it or the landlord agrees to release them.

What a guarantor agrees to

A guarantor agreement is a formal, written promise by a third party — often a parent, relative or employer — to meet specific obligations under the tenancy if the tenant does not. Most commonly that means unpaid rent, but many agreements also cover damage to the property beyond fair wear and tear, unpaid utility bills passed through the tenancy, or other costs owed under the agreement.

This is not a symbolic signature. A properly drafted guarantee is a binding legal obligation, and landlords can and do pursue guarantors directly for money owed, sometimes without exhausting every option against the tenant first, depending on how the agreement is worded.

How long the guarantee lasts

One of the most common points of confusion is what happens when a fixed-term tenancy ends and rolls into a periodic tenancy. There is no automatic rule that the guarantee stops at that point — it depends entirely on how the guarantee agreement itself is drafted. Many agreements are written specifically to continue covering the tenant for as long as they remain in the property, including through any periodic tenancy that follows, precisely so landlords do not lose the benefit of the guarantee the moment a fixed term expires.

Guarantors and the Tenant Fees Act 2019

The Tenant Fees Act 2019 does not ban landlords from requiring a guarantor, but it does restrict what can be charged in connection with one. A fee specifically for arranging, processing or approving a guarantor is a prohibited payment under the Act in most circumstances, and a term trying to impose one is not binding on the tenant, anyone acting on their behalf, or the guarantor themselves. Reasonable, genuinely incurred costs in limited permitted categories are treated differently, so it is worth checking any charge against the Act's specific list rather than assuming it is automatically allowed or automatically banned.

What happens if a guarantor is asked to pay

If a landlord makes a demand under a guarantee, the guarantor is entitled to see the evidence the demand is based on — typically a rent statement or an itemised account of damage — and to check that demand against the exact wording of the agreement they signed, including any cap on liability and any conditions that had to be met before the guarantee could be called on.

A guarantor who disputes the amount claimed, or whether the guarantee even covers the specific debt being pursued, is not obliged to simply pay up on request — the same evidential standards apply as to any other contractual claim, and a genuinely disputed demand can end up being decided by a court like any other debt.

A parent signs a guarantor agreement for their child's tenancy, agreeing to cover rent and damage up to a stated cap for the duration of the tenancy "and any period during which the tenant continues to occupy the property, including any statutory periodic tenancy." Eighteen months later, after the fixed term has ended and the tenancy has become periodic, the tenant falls into arrears. Because the agreement was drafted to continue into the periodic tenancy, the landlord can still pursue the parent as guarantor for the arrears, even though the original fixed term expired months earlier.

Tenant Fees Act 2019

Deposit prescribed information

Tenant Fees Act 2019 — guidance for tenants

Tenancy Guarantor — Renters' Rights Glossary

What a tenancy guarantor agrees to, how long the guarantee lasts, and what the Tenant Fees Act 2019 says about guarantor fees.