Using a guarantor for a tenancy

Why it matters

A poorly drafted or badly timed guarantee is often unenforceable. Courts look closely at whether the guarantor understood the extent of the liability and whether it survives statutory periodic continuation.

Legal requirements

• Put the guarantee in writing and have it signed by the guarantor.
• Make clear whether liability covers rent only or also damage and costs.
• State explicitly that liability continues into any statutory periodic tenancy and any agreed rent increase.
• Give the guarantor a copy of the tenancy agreement before they sign.

Common mistakes

• Getting the guarantor to sign after the tenancy has already started, leaving no consideration.
• Joint tenancies where one guarantor is unknowingly liable for the whole rent — say so plainly.
• No affordability or ID check on the guarantor themselves.
• Assuming the guarantee ends automatically when the fixed term ends.

Practical guidance

• Reference the guarantor as you would a tenant — income, ID and address history.
• Use a deed with an independent witness for the strongest position.
• Notify the guarantor in writing at the first missed payment; delay weakens recovery.
• Keep the signed agreement in the tenancy audit trail alongside referencing evidence.