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Rent Guarantor: What They Are Liable For and Your Rights

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Checked against legislation.gov.uk, GOV.UK, mygov.scot and one other official source. Edited by Steven Butler.

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A rent guarantor agrees to cover the costs if the tenant does not pay the rent. In England a landlord can ask a tenant to provide a suitable guarantor, but cannot make the tenant pay for a professional guarantor service. For a guarantee made on or after 1 May 2026, the guarantor is not liable for rent after the tenant dies.

Key points
  • ✓A landlord can ask a tenant to provide a suitable rent guarantor as a condition of granting the tenancy.
  • ✓A landlord must not require a tenant, or a person who has guaranteed the rent, to make a prohibited payment.
  • ✓Under the Renters' Rights Act, a guarantee does not cover rent for the period after the tenant dies, if the guarantor signed up on or after the commencement date.
  • ✓From 1 May 2026 your landlord cannot take rent before you sign, and can then ask for a maximum of 1 month's rent in advance.
  • ✓In Scotland, a guarantor's responsibility can continue after the tenancy ends if there are still costs the landlord needs to cover.

Can a landlord ask for a guarantor?

Yes. In England a landlord can ask a tenant to provide a suitable rent guarantor as a condition of granting the tenancy. A tenant could then choose to use a professional guarantor service.

The landlord is not allowed to make you pay for a loan, pay for insurance or start a contract for a service as part of your tenancy. You can choose to use a professional guarantor service, but it must be your choice. Our guide to tenancy agreements explains what else the agreement must say.

Can a guarantor be charged fees?

No. Under the Tenant Fees Act 2019, a landlord must not require a relevant person to make a prohibited payment in connection with a tenancy of housing in England. A relevant person means a tenant, or a person acting on behalf of, or who has guaranteed the payment of rent by, a tenant.

If your landlord asks you for a fee that is not allowed, refuse to pay it and keep any evidence. Our guide to tenancy deposits covers the deposit and holding deposit limits.

Is a guarantor liable if the tenant dies?

Not for rent after the death, under the Renters' Rights Act 2025. It applies where an individual guarantees the rent under an assured tenancy and became a party to the guarantee on or after the commencement date. The tenancy reforms came into force on 1 May 2026 for assured tenancies that are not social housing tenancies.

  • Yes: If there is one tenant and that person dies, the guarantee has no effect for rent from the death.
  • Yes: If there are joint tenants and all of them die, the guarantee has no effect for rent from the death of the last one.
  • Yes: If the guarantor is a family member of only one of the joint tenants and that person dies, the guarantee has no effect for rent from that death.

A family member includes the guarantor's spouse, civil partner or partner they live with, and a child, grandchild, parent, grandparent, sibling, niece or nephew, aunt or uncle, or cousin. The rule applies whether or not the guarantee is in writing.

If a guarantor agreement was made before 1 May 2026, GOV.UK says its terms may be affected by the Renters' Rights Act. It suggests guarantors review existing agreements, and get independent legal advice if unsure.

How much rent can a landlord ask for in advance?

From 1 May 2026, your landlord cannot ask for, encourage or accept a payment of rent before you have signed the tenancy agreement. When you have signed, you can be asked to pay a maximum of 1 month's rent in advance. Our Renters' Rights Act guide covers the other changes.

What if you cannot find a guarantor?

Contact your local council. It can tell you if you are eligible for:

  • rent or deposit guarantee schemes
  • a discretionary housing payment, if you get Housing Benefit or Universal Credit
  • local schemes to prevent homelessness

Scotland

A guarantor is legally responsible for meeting the terms of a tenancy agreement if the tenant does not. This includes paying unpaid bills, rent arrears and the cost of repairing damage caused by the tenant. The responsibility can continue after the tenancy ends, for example if the deposit does not cover the arrears, and the landlord can take legal action to recover what is owed.

A private landlord can ask for a guarantor if they are concerned about the tenant's finances, for example if the tenant does not have a job, has a poor credit record or does not have a reference. If you are the only guarantor on a joint tenancy, you are legally responsible for all the tenants on the agreement. If you want to stop being a guarantor, you may need legal advice from a solicitor.

Northern Ireland

nidirect says a guarantor agrees to cover costs if you do not pay the rent or cause significant damage to the property, and is usually a parent or guardian for students. With a joint tenancy, a guarantor is also jointly liable for overdue rent or damage caused by the other tenants. Guarantors can try to limit their liability in the guarantor agreement, with independent legal advice. Our housing guides cover renting in each nation.

Where to go next

Housing
Renters' Rights Act 2025
What changed for private tenants in England and when each change starts.
Tenancy Deposits
Deposit limits, protection schemes and getting your deposit back.
Tenancy Agreements
What your tenancy agreement must include and what it cannot say.
Right to Rent
The immigration checks a landlord makes before you rent.

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https://www.knowyourrightsuk.com/housing/rent-guarantor
Know Your Rights UK. "Rent Guarantor: What They Are Liable For and Your Rights." Know Your Rights UK, https://www.knowyourrightsuk.com/housing/rent-guarantor