Quick answer
A rent guarantor agreement is a separate legal promise, usually made by deed, in which someone (often a parent) agrees to pay the tenant's rent and certain other costs if the tenant does not. In England, landlords can ask for a guarantor, but they cannot charge the tenant or guarantor for referencing. Because tenancies are now periodic with no end date, the agreement should state clearly how long the guarantee lasts, any cap on liability, and how the guarantor can end it.
- A guarantee is separate from the tenancy agreement and usually made by deed.
- Landlords cannot charge fees for guarantor referencing under the Tenant Fees Act 2019.
- Periodic tenancies have no end date, so the guarantee should state its own limits.
- On a joint tenancy, a guarantor may be liable for the whole rent unless capped.
What a guarantor is liable for
A guarantor is usually liable for unpaid rent and, depending on the wording, for damage or other costs the tenant owes under the agreement. The landlord normally has to ask the tenant first, then the guarantor. The exact liability depends entirely on what the guarantee says, so both sides should read it carefully.
What a guarantor agreement should include
- The names and addresses of the landlord, tenant and guarantor.
- The property and a reference to the tenancy agreement it relates to.
- Exactly what is guaranteed: rent only, or rent plus other costs.
- Any financial cap, for example a set amount or a number of months' rent.
- How long the guarantee lasts, and whether it continues if rent changes.
- How the guarantor can end the guarantee for the future, with notice.
- For joint tenancies, whether the guarantee covers one tenant's share or the whole rent.
- Signatures, usually as a deed with a witness.
Guarantors and periodic tenancies
Under the old system, many guarantees were linked to a 12 month fixed term. Assured periodic tenancies have no end date, so an open-ended guarantee can leave a guarantor exposed for years. Fair agreements now usually set a time limit or cap, and explain what happens after a section 13 rent increase.
Guarantors should keep a copy of the tenancy agreement as well as the guarantee, and ask to be told if arrears build up, so problems are caught early.
Guarantors on joint tenancies
On a joint tenancy, each tenant is usually liable for the whole rent. A guarantor for one sharer could therefore be asked to cover the whole household's arrears unless the guarantee limits liability to that tenant's share. Parents guaranteeing students in shared houses should check this carefully.
Landlord checklist
- Reference the guarantor's identity and ability to pay, at your own cost.
- Give the guarantor a copy of the tenancy agreement before they sign.
- Use clear, fair wording with a sensible cap or duration.
- Have the guarantee signed as a deed and witnessed.
- Keep the guarantor informed if arrears build up.
Remember that rent in advance is limited to 1 month after signing, and deposits are capped. See the tenancy deposit guide.
Common questions
Can a landlord insist on a guarantor?
Landlords can ask for a guarantor as part of their letting criteria, but they must not discriminate against people who receive benefits or have children.
Can a guarantor end the guarantee?
Only if the agreement allows it. Good agreements explain how a guarantor can end future liability with notice.
Who can be a guarantor?
Usually a UK-based adult with a good credit history and enough income, often a parent or relative. Some companies offer guarantor services for a fee paid by the tenant directly to them.
Can a landlord charge for guarantor checks?
No. Under the Tenant Fees Act 2019, landlords and agents cannot charge for referencing tenants or guarantors.
Official sources
We check these pages against official GOV.UK guidance. This page is general information for England, not legal advice for your situation.
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