Guarantors (what they are, what to watch for, what to do)

TABLE OF CONTENTS

 

INTRODUCTION


A guarantor is someone (often a parent/guardian) who signs a separate legal promise to cover certain costs if you don’t pay what you owe under the tenancy. In practice, guarantors are most often used for rent, and sometimes also for damage or other tenancy costs (depending on what the guarantor agreement says).

This information is intended to 
protect you and your guarantor by making sure you both understand what’s being agreed, and by spotting the most common pitfalls.


THE GUARANTOR AGREEMENT IS ITS OWN CONTRACT


Even if your tenancy agreement looks fine, your guarantor can still be exposed if the guarantor agreement is broad or unclear.

Before anyone signs, try to get:
  • The tenancy agreement
     
  • The guarantor agreement
     
  • Any “schedule” or extra terms attached to the guarantor agreement

If you’re renting through an agent, ask them to confirm (in writing) exactly what document your guarantor is signing.


RISKS TO KEEP IN MIND


Here are some things to look out for:

“Joint and several liability” (joint tenancies)
If you’re on a 
joint tenancy, a guarantor agreement sometimes tries to make your guarantor responsible not just for your share but for the whole rent if any housemate doesn’t pay.

What to look for:

  • Wording like “jointly and severally liable” or “the full rent”.


“All sums due” / “any liabilities”
Some guarantor forms are written so broadly that they can cover:

  • rent, damage, cleaning, legal fees, interest, enforcement costs, and more

Duration: does it keep rolling?
A common problem is a guarantee that continues:

  • beyond the first fixed period (pre 1 May 2026), or
  • through renewals, extensions, or replacement agreements, or
  • “until the tenancy ends” (which can be vague if the tenancy rolls on)

Changes to the tenancy
Some guarantees say the guarantor remains liable even if the tenancy terms change (e.g., rent increases, new contract, or new housemates).

One housemate leaves / replacement housemate joins
If the household changes, you need to be clear whether:
  • the tenancy has been replaced (new agreement), or
  • it’s the same tenancy with a variation, and
  • whether the guarantor guarantee still applies (and to what)

WHAT A 'GOOD' GUARANTOR AGREEMENT SHOULD INCLUDE


Where possible, insist that any guarantor agreement is:
  • Limited to your obligations only (not everyone’s)
     
  • Limited to rent only (or clearly limited categories)
     
  • Time-limited (e.g., “up to 12 months” or “up to [end date]”)
     
  • Clear about the maximum amount the guarantor could be asked to pay (a cap)
     
  • Clear about whether it continues if the tenancy changes or rolls on.

If an agent/landlord says “this is our standard form”, you can still ask whether they can:
  • add a cap/limit,
  • limit it to your share of the rent, and/or
  • limit the duration.

(Some will say no — but asking can still flush out what’s really being requested.)

HOW THIS FITS WITH THE RENTERS' RIGHTS ACT CHANGES


Guarantors themselves aren’t the main focus of the Renters’ Rights Act, but the wider reforms can affect the context in which guarantors are used.

Before 1 May 2026:
  • Guarantors are commonly requested, especially for students or people without UK credit history.

From 1 May 2026 (expected position under the new system):
  • Some up-front cost practices are expected to change (e.g., limits on demanding large rent-in-advance), so some landlords/agents may lean more heavily on guarantors instead.
     
  • Because the sector is adjusting, you may see more variation in how agents explain their requirements — so it’s worth getting things confirmed in writing.

  • If any part of the new rules is still being clarified in practice, it’s OK to ask the landlord/agent: “Can you confirm what your policy will be from 1 May 2026, and whether this guarantor agreement is intended to cover a rolling tenancy?


WHAT YOU CAN DO NOW


  • Ask for the guarantor agreement early (before anyone is pressured to sign quickly).
     
  • Check: (a) what it covers, (b) how long it lasts, (c) whether it’s limited to your share, (d) what happens if the tenancy changes.
     
  • Get clarity in writing from the landlord/agent if anything is unclear.

If something feels too broad, ask whether they’ll:
  • cap the guarantee, and/or
     
  • limit it to your share, and/or
     
  • limit it to a defined period.

If you’re unsure, get advice before anyone signs (Durham SU Advice Service / Citizens Advice / etc.).


HELPFUL WORDING YOU CAN SEND TO A LANDLORD/AGENT


You can adapt this:

“Before my guarantor signs, please can you confirm:

1. whether the guarantee is limited to my share of the rent (not the full joint rent),

2. how long it lasts (does it end on a specific date, or continue if the tenancy rolls on), and

3. whether it covers rent only or any other costs?
 If possible, we’d like the guarantee limited to my obligations and capped.”



This keeps things professional and avoids an “us vs them” dynamic - you’re just asking for clarity before someone takes on legal risk.

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