Tenant Guarantor Form

What is a Tenant Guarantor Form?

A Guarantor form acts as a legal piece of insurance to protect the landlord against rental loss, damages and any ensuing legal fees that can be incurred by your tenant.

A “Guarantor” is typically a friend or family member of the tenant and has agreed to vouch for the tenant and accept the liabilities on behalf of the tenant. The Guarantor form is a legal contract enforcing the agreement. Essentially, in the event of a tenant being unable to meet their obligations under the tenancy agreement, whether it is for overdue rent, damage to the property or whatever, the Guarantor is legally bound to accept the liabilities on behalf of the tenant.

Putting a Guarantor agreement in place is extremely common as it provides a thick layer of security for landlords at no real extra cost.

The guarantor form is NOT a substitute for an Assured Shorthold Tenancy Agreement; it should always be a supplement to the tenancy agreement.

What is typically found in a Guarantor Contract?

While Guarantor forms/contracts differ from one another, they all generally contain the same information, which is as follows:

• Date – the date at which the Guarantor form was signed
• Guarantor – the name of the Guarantor
• Landlord – the name of the landlord
• Tenant – the name of the tenant that is being Guaranteed
• Property – the address of the property that is being rented
• Tenancy Period – the start and end date of the fixed terms of the tenancy
• Rent – how much rent is being paid
• Guarantee Terms – the terms of the guarantee
• Guarantor’s Obligations – a list of obligations the guarantor is agreeing to
• Signatures – the Guarantor’s signature. It is also recommended to get a signature from a witness.

Why do I need a Guarantor?

You don’t actually need one; it’s not a legal requirement, it’s completely optional. However, I wouldn’t advise to go without one because it provides that extra security. If there’s one thing I’ve learned from being a landlord, it’s that you can never be too careful; even the most reliable seeming tenants can fall into arrears.

When and who signs the Guarantor form?

The landlord, Guarantor and witness of the Guarantor needs to sign the contract. The landlord should ensure that the Guarantor agreement is signed and witnessed before the tenancy agreement is signed.

What if my tenant falls into arrears?

If your tenant owes rent or needs to cover any other costs, then that’s when you chase the guarantor for the money. If the guarantor fails to make payment, then you can legally take the guarantor to court. On that note, always make sure that the guarantor has sufficient collateral before allowing them to be the guarantor. A lot of landlords hold a strict screening process for acceptable guarantors e.g. a good job and owning a property are common prerequisites.

In the past I have had to chase a guarantor because my tenant fell 2 months in arrears with her rent payment. Eventually, I ended up evicting the tenant. However, having a Guarantor in place saved me from losing 2 months worth of rent.

How does a Guarantor stop being a Guarantor?

If the tenancy is for a fixed term (e.g 14th May 2007 – 14th May 2008), then the guarantee applies for the whole of the term and is not revocable during that term. If the Tenancy Agreement becomes periodic, then the guarantor will STILL be the guarantor. However, when the fixed term is over and becomes periodic, the guarantor can opt out of the deal by writing to the landlord to terminate the agreement. This is perfectly legal and has been tested in court. The guarantor should give “reasonable” written notice that he/she no longer wishes to be bound by the terms of the deed of guarantee (beyond the fixed term).

A fixed term contract is when two dates are specific in the Tenancy Agreement, in which the tenant has rights to live in the property. The agreement becomes periodic when the agreement expires, but tenant and landlord have agreed to continue the tenancy without signing new contracts. In that case, the previous contract rolls over and becomes periodic.

Note, the guarantee will be automatically canceled if the tenant signs a new tenancy agreement with the tenant, or if the terms of the existing tenancy agreement are changed E.g. if the rent is increased. In this case the landlord will need the guarantor to sign a new guarantee form. The Guarantor can only be held responsible for the tenants liability under the terms of the tenancy agreement the tenant has seen and agreed to. If these terms are changed, they have to approve this before they can be held liable under it.

If the a Guarantor requests to terminate the Guarantor agreement and the landlord agrees, then that can be taken as a valid termination. If this happens, get this from the landlord in writing for clarity.

A Guarantor agreement is also terminated in the sad incidence of a death, either of the tenant or the guarantor.

Types of Guarantor Forms

The Guarantor form is commonly found as part of the Tenancy Agreement Form (with in the same contract), but it’s also extremely common and legit to have a completely separate contract for the Guarantor.

I personally prefer keeping separate contracts. But there really is no difference legally.

Referencing Guarantors

Referencing Tenants should be standard practice for all landlord/letting agents, but it’s also important to reference the guarantor as well. There is no point in having a guarantor that wouldn’t be able to cover unpaid rent.

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217 Comments - join the conversation...

Showing 168 - 217 comments (out of 217)

George2010-10-04 18:11:47 Does it matter if a guarantor agreement is signed for an English address when the guarantor lives in Scotland?

Thanks

George 168

John Roberts2010-10-05 05:54:49 I wouldn't think it would matter. But I'm not a lawyer. It's something you should run by a solicitor. A landlord and tenant specialist should be able to answer your question instantly (and therefore cheaply!)

JR 169

Gvr2010-11-11 22:38:20 Question.... If I was to be a guarantor for my daughter and 2 of her friends what document would I use to make sure I'm covering my but in a case that the other 2 friends default on the rental agreement? 170

melanie2010-12-01 15:57:15 hi does a garantor need to own there own home? my mum has said she will be my garantor, but she owns her own caravan and a property aboard... will this course any proberlems? please could you let me know asap... thank you 171

josie2010-12-07 12:57:41 help! i have recently moved out of my house which i was renting with my boyfriend through a letting agency. We signed a joint 6 month contract but have 3 months left still. The whole rent comes out of my account every month, but his parents are the guarantors. If i cancel my direct debit, and inform the agency that i no longer live there, will the guarantors have to pay if he cant? Or will i be the one to get in trouble? 172

Paul shortland2011-01-02 15:42:52 I have fallen in to arrears with my lardlord and signed a tenancy for a year.i have now moved out after 6 months and my mother signed as a gurantor at the start,but she has nothing as she is a widow.can u consolidate if u are a gurantor for the rent arrears? 173

suzy2011-01-03 15:14:16 ?can you have a gaurantor if you fail a credit check 174

Julia2011-01-18 20:39:28 one of my flatmates has failed to pay her rent ever since we moved in and the agency can't seem to track down her guarantor. she has never even moved intot he property. they now say we are liable to pay her rent for the whole 9 months worth of contract. i was wondering if this is normal, fair and legal? 175

Charlotte2011-01-20 15:44:17 i've found a place i really like, and everythings all in place although the problem is finding a guarantor. best person i know who is willing is my dad, though he's registered blind and has my mum as his aid. would he be able to sign as my guarantor? 176

Nikkie2011-02-01 10:44:58 Hi.....

I rented a property for the period of 1 year. It was from the 29th January 2010 and it ended on the 28th January 2011. My kids dads uncle and wife was my Guarantor whilst I lived at this current property. I just want to understand when is it my Guarantor becomes Void. My tenancy was a fixed term one and as I have now signed a form with my ex-landlord to say that the property was left in good condition and the keys were handed back and I've now vacated the premises does this mean the Guarantor if still liable for anything or does it just become cancelled... Please help me to just understand more better, thank u 177

phil2011-02-09 22:18:02 Further to my previous comments regarding guarantee (see post on 2010-09-09 and previous, landlord seeking to claim under guarantee for non payment of rent on joint tenancy for daughter and boyfriend when g'tee given explicitly for sole tenancy for daughter only)

I can now advise that case was heard at County Court and Judge dismissed claim by L/L on grounds that guarantee given was NOT applicable in respect of tenancy actually issued - once he was also satisfied that Guarantor knew what she was doing and that Tenancy Agreement was not available when guarantee was signed.

L/L has however indicated intention to appeal, so it may not be over yet.

Thanks to all for help - if any more news will update again. 178

leon2011-02-15 09:08:09 Hi

I have a prospective new tenant who will be having their rent paid for by their insurers - their current home is flooded and they need a place for 6 months.

In this situation, a guarantor really isn't required, is it? Any view?

Cheers 179

Nikkie2011-02-15 11:06:05 To Leon

Personally I believe that if the insurers are going to pay their rent I would get a letter confirming that they are going to pay the rent for the duration of the time the tenants are renting from you. A guarantor is not needed aslong as you have confirmation from the tenants and the insurers.

Regards Nikkie 180

Saj2011-02-23 03:07:22 Hello

I'm in a bit of a mess, when I started my tenancy the estate agents required a guarantor for myself as I am a full time student. I'm renting a shared flat but the agency did a credit check on my flatmate saying he didn't require a guarantor as he was working full time. We fell behind but I am now up to date but he is still behind a little. Now we have received a summons and the agency are claiming that my guarantor is liable for him too. I've tried seeking advice with no results as yet. Can you help?

Thanks

Saj 181

Narcyz2011-03-04 19:31:20 Hi.
I have contacted the letting agentwho have said to me that the only way to remove me from being a guarantor is if the tenant pass credit check or find new guarntor.I have explained to the letting agent that I do not know the tenant any longer and I am unable to be the guarantor for the person as I do not know what is the person capeble of doing.I been said on few ocassion that they will get in touch with the tenant and get back to me what heve never happened.
Is there any legal way of pulling out of it?
Thanks 182

uhi millington2011-03-06 19:17:51 Hi, my daughter has put a holding fee on a property with 4 other students. I am unable to act as a guarantor as I am not a home owner and my parents are unwilling due to the extent of personal information the letting agent requires; which seems excessive in comparison to all the other guarantor forms I have read.
The letting agent who is also the landlord is unwilling to accept an additional two months rent in advance in lieu of a guarantor from more than one student, we have also suggested paying the full years rent in advance.
Does the landlord/agent have the right to refuse either of these options and thus keep the £170 x 5 holding fees he has received from the students? 183

helen2011-03-08 18:04:08 Hi, I live in the uk but i have a property abroad and the tenant wants to use his family member as a guarantor but they live in the uk. Will this form still be legally binding?

Thanks
Helen 184

michelle easter2011-03-09 14:57:48 i moved into a property on the 7th december 2009 and the tenancy agreement ended on the 7th december 2010 and my brother was the garantor. My children have been placed in foster care due to my violent ex partner. I was claiming housing benefit and when the children were taken i had my benefits stopped so i was stuck with rent payments. I have no rent arrears in the 12 months, but i do for february and march this year and my brother is getting hasselled 4 it even though he wrote to the land lord in november opting out with no reply, i asked my landlord for a new tenancy agreement when the old one was running out and he said he would but he never did but now im in arrears hes given me notice and hes still hounding my brother and he really does not the stress right now and im so worried as i need to find a new property. Please help us. Thankyou. 185

Nikkie2011-03-10 18:25:52 Hi Michelle,

I've read through your comment and as far as I know from when there is no tenancy agreement and the old one had finished the landlord cannot take you for any rent arrears. He can't prove that you live there. So how can he be claiming rent from you when there's no tenancy agreement. 186

nick2011-03-30 18:07:55 hi,

Me and my girlfriend rented a property on a six month lease, which expired on 9th february 2011, My brother was guarantor for this period, I moved out of the property on 9th february but my girlfriend was unable to due to not having enough money, she is 5 weeks over the end of the tenancy and the landlords have written to my brother saying he owes the rent for this period, can they do this? 187

alice2011-04-07 18:19:34 hiya, im asking for my friend!
she needs a flat but cannot get one due to not having a garantor or anything like that
her kids r well its a long story but she needs a flat to get them back!
how can she get a 2 bed flat without needing this! 188

nicky kaur2011-04-24 17:22:31 hi
I see a place and paid £270 referencing fee, and to hold the place, have to et referencing forms within 3 days. Paid on a saturaday, its bank holiday monday so by wednesday. My gauarntor that i was going to use now is unable to prove earnings as self employed. Can i get my referencing fee back as i have not signed nothing, no referencing forms have been filled? 189

margaret watts2011-05-19 17:29:58 i was gaurantor for my uncle who has passed away and still had two month to run on his tenency could anyone tell me what my legal position is regarding the rent for the two months ? 190

John Jenkins2011-05-27 08:28:49 Hi,

I acted as Guarantor for my best friend when he & his family rented a property about 5 years ago.

I have never had any problems with this & actually forgot all about it until I received a letter from the letting agency.

The letter stated that they signed a renewal aggreement & that I am still obligated to be their Guarantor.

My question is how do I now opt out?
I feel that 5 years is enough time for them to prove that they are good tennants & there should be no need for me to be liable, sureley there is a limit to how lnog you have to be accountable for.

Apart from that I have never been asked to sign any new contracts & I believe the cost of the rent has also changed a few times over the 5 year period. Does this mean that the contract should now be void?

Thanks 191

JDM2011-05-27 18:12:49 I agreed to become a guarantor to my girlfriend when she moved from a council flat to a 3 bed detached. I was living there part of the week, but also live and look after my elderly mother (a paid for property). However the girlfriend has now become the ex-girlfriend after moving her 17yr old son AND his homeless mate into the property, neither of whom work. It was rented from October 2010 and I got a letter in April saying I didn't need to resign a form, since then we have split. Where do I stand as I am no longer willing to be the Guarantor on an £800 a month property I have nothing to do with. 192

alison2011-06-22 14:29:00 have read through all the comments and have found the site really useful.
i agreed to be a guarantor for my daughter and her partner in January 2011. its an assured shorthold tenancy agreement for 12 months it says that the term is to include a statutory periodic tenancy so i take it this means that the tenancy may continue after the year without resigning anything? i have already had problems with my daughter not paying rent and have already had to back her up and its causing so must stress on me i therefore wouldn't recommend anyone being a guarantor for a start. anyway after the year has expired and the tenancy becomes periodic can i give notice before the year is up to state that once the tenancy goes into periodic i no longer wish to be a guarantor? 193

phil2011-06-22 16:15:03 Alison.

As I understand it - If you do nothing, guarantee will remain valid while the tenancy continues AND after the 12 months term unless/until the rent is increased. So you must give written notice as early as possible (even now) to advise that you are only prepared to guarantee to the end of the 12 month AST and that you are not prepared to guarantee after that, so the landlord can either terminate at the end of 12 months or renew without a guarantee. Suggest you send to Landlord and Agent by Rec delivery. 194

Mike2011-06-23 12:27:03 Three years ago, my sister signed a one year lease. I signed a form to be a guarantor. However, the form that I signed stated that the duration of the guarantor status was to remain in effect as long as my sister occupied the apartment. The lease expired, my sister signed another year, and that too expired. She now is renting on a month to month basis. My question is...am I still legally responsible as a guarantor, even though she is on a month to month basis? Or is the orginal guarantor form from 3 years ago legally binding? Does that mean that I'm "stuck" until my sister moves out? 195

Sue Livings2011-07-09 18:15:19 I was tricked into signing as a guarantor by a friend and her Landlord who both assured me it was just a reference. When I found out what it meant I immediately wrote and notified the Landlord, prior to the tennant moving in, that I was not prepared to stand as guarantor. The Landlord refused to give me a copy of the agreement or terminate it. He then let the tennants move in 2 weeks early before the matter was resolved.

As I cannot get a copy of what they say I signed, although it was not witnessed at the time, where do I stand? 196

kyriakos2011-08-11 11:52:23 can the guarantor be my father ???? (he does not own a house in UK) 197

adm1n2011-08-11 12:34:15 @kyriakos It's up to the Landlord, or in some cases the Letting Agent. 198

Brenda Russell2011-08-27 10:48:24 I went guarantor for my daughter and her boyfriend, it was a 2 year lease however after one year she left and gave the Landlord a letter explaining she has left the property due to Domestic Violence but paid the rent for the next 2-3 weeks as a gesture of good will. The Landlord now expect me to carry on being guarantor for her ex-boyfriend which I feel is totally wrong I mean how can I pay his rent knowing he what he has done to my daughter, is there any way I can get out of this Guarantor agreement. 199

Sharon2011-09-19 06:06:26 How does a guarentor cover themselves if a person defaults is there an insurance policy they can take out??? 200

lucy2011-10-03 13:48:20 hi could you help me... i have my tennancy agreement and it says :the tenancy shall be from and including the 24th sep 2010 (the commemcement date) to and including 23rd march 2011 (the expiration date)term of 6 months. Iam still in this property and didnt re new my tenancy and have never spoke about it to the landlord. Now she wants me out so want her to take my last months rent from deposit,but she said she will take my father the guarantor to court,im moving in 3 weeks can she do that?? 201

sonia2011-10-09 21:14:33 I signed as guarantor for my daughters boyfriend as his job was new, my daughter had a reference so had her guarantee from them. They have now split up after one month!! he was abusive towards her, the landlord heard this and has kindly agreed to give them one months notice, of which i have just had to pay £400, enough time for him to find somewhere else, my daughter having to come home, however he will not sign to release me from being his guarantor as wants his rent paid!!!! what can i do, any suggestions please 202

victoria2011-10-10 13:36:57 Hello, my partner and myself took on a private rent property Sept 12th 2010,till sept 12th 2011, we are still currently at the property ,have not signed another tenancy,(we had hoped to of found a new property when the contract ran out ).
my partners father agreed to be gaurantour for us ,when we first took on the tenancy but due to personal circumstances he no longer wishes to be gaurantour could someone please let us know where he stands , thank you 203

Bev Coles2011-10-19 16:56:57 My sister has asked me to be guarantor for her new property and although i have regular income coming in on a monthly basis, i do not own my own house and i have read on many sites that this is one condition that needs to be satisfied in order to be a guarantor.

Is this correct?
Thanks for your attention to this 204

Kelly2011-10-22 20:09:53 I have lived in the same private rented property for 2 years,I have always signed a 6 months contract with the letting agent,my dad agreed to be my guarantor when I first signed my contract,but now he wants to withdraw we have sent a letter to the letting agent but that have said its not as easy as that,but bearing in mind I have not signed a contract for at least 6 months as I am now doin month to month, so could you please advise me how my dad can get out of bein my guarantor thankyou 205

Janine2011-10-25 16:03:39 Hi there, jsut looking for a little advice.

I am the guarantor of a friend's mother. The tennancy agreement was for a year, and the rent has been put up without my knowledge. In both cases I have had no new paperwork to sign.

Today her estate agent called saying they are short on rent and saying I'd probbaly have to pay it if they didn't.

I've asked her to send me the original forms that i signed, because from what I've read here I am not legally bound to be the guarantor anymore due to 1, the rent increase and 2, the tennancy renewal? But she said that I didn't sign for a fix term, I signed for period of residency. 206

kay2011-10-25 19:18:39 hi my mother has been renting with her partner for the last 11 months of an 18 month contract, her partner is now decided to move out, will he still have to pay his half of rent? as he is on the lease and sighned the paperwork. 207

Maxi2011-10-26 23:46:10 I am a DSS tenant and i want to move to Manchester,where my son is.
We have no problem with the bond and rent but i am 58 and no idea who could be a guarantor for me my son is with an IVA so he can't, this is the only thing stopping me.
I do not have any rent arrears or outstanding bills everything is paid to date, my current landlady will give a good reference for meand so will a previous one. What can I do 208

G.t2011-10-30 19:53:15 My guarantor has signed a guarantor form 3 years ago but there isn't any date about the period of a tenancy. Which it was 6 month. After that we have signed only 2 contract but our guarantor hasn't signed anything since. Some people said that because there isn't any date to state the period of tenancy he will be liable as my guarantor till I am in this flat. Can you please tell me if he is or not?

Thank you. 209

Becks2011-11-08 09:56:16 hi i own my home with my boyfriend and a yr ago we were put on the spot to become hi brither an gurlfriends gyrantor as they had a baby on the way and literally NOBODY else met criteria to be able to be gurantir, so we have acted as gyrantor for the forseeable future really! Now his sister, a yr on from
This has asked the same of us as she has found herself in the exact same situation! I dont want to do it as i feel acting as gurantor for one is risky enough never mind a second one, where do u draw the line? Will his final brother come to us next yr too? My partner feels he has to say yes as she has nowhere to live and seriously has nobody else she can ask! Basically i want to know, are you actualky physically allowed to act as a gurantor for more than one person at the time or is there a limit?! Thanks becks 210

d hill2011-11-21 15:12:57 I need advice - I helped out a friend last year and became guarantor for 6 months this ended in June 2011 - she recently had an eviction notice which she ignored & the landlord did not want to spent £1000 to take her to court.. I no longer speak to her and I am currently trying to get out of the contract but the letting agent states that in the guarentour agreement it states that you are liable for
all the time she is in the property it is not possible unless she leaves in the case of any extended, renewed or regranted tenancy.

How can I get out this agreement - how can a letting agent do this - am I tied in until she leaves

Thanks
Dee 211

d hill2011-11-22 10:52:55 If the guarantor deed was witnessed & signed by the letting agent, does that mean the deed is infective as it need to be someone not relating to the tenancy 212

alison fry2011-12-20 21:50:31 i signed to be a guarantor for my daughter and her partner a year ago and i have just found out that my daughter has come off of the tenancy and that her partner has signed a new year tenancy on his own as the year was up and a new agreement had to be signed. i have not seen the new agreement or signed any new paperwork so does this mean i am no longer the guarantor as i did not see the new paperwork or sign so i have no idea what i would be agreeing to.please would you advise me as to what i should do? should i write to the agent that did the new agreement to get it in writing? 213

Ben2011-12-24 05:50:12 hello im in desperate need of help!

I moved into a flat last september with a friend, my dad acted as my guarantor and my friends mother failed the credit check, but they let us move in anyway. Cut a long story short she got us kicked out by not paying rent...I let the estate agents know it was her, as did she and they haven't bothered me or my father since. (March 2011) Then suddenly yesterday (December 2011) the actual landlord, not the agents, sent my dad a final demand for the money.

I'm guessing this is due to her ignoring their demands so they'll try to get it off him now? But the tenancy was terminated on eviction and they didn't ask for anything at the time and also told me he was not liable and she was, also the guarantor form was not witnessed and wasn't signed in person by my father. I also have a suspicion they do not have her home address.

What should we do?

Cheers, Ben. 214

Maria2012-01-23 15:53:14 I would check with a solicitor 215

Benji2012-01-23 19:03:51 Ben, If your Father hasnt signed, then there is nothing for him to worry about (I assume he hasnt given anyone power of attorney). 216

freefall2012-01-29 14:30:36 Who are you supposed to use as an 'independent' witness? If it's supposed to be independent then I can't use a friend or member of my family and I assume the same goes for the tenant. I'm not using a letting agency so can't use them. Is the only option to pay a solicitor? Seems a bit much. 217

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