Tenant Guarantor Form

Buy A Tenant Guarantor Form

What is a Tenant Guarantor Form?

A Guarantor form acts as a legal piece of insurance to typically protect the landlord against rental loss, damages and any ensuing legal fees that is incurred by a tenant. The Guarantor form is a legal contract enforcing the agreement.

Putting a Guarantor agreement in place is required by many landlords 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.

Where can I get a Guarantor Form?

The wording of the Guarantor form is important as it is a legal contract and can be used to enforced by the courts according to how it is worded, so it is crucial to use one from a reputable source. It is strongly advised to seek legal advised from an expert before using any guarantor contracts.

The Guarantor forms available for download on this website have been written by Stones Solicitors LLP. They are listed as a Top 200 Law Firm and is recognised by the two leading independent directories, Chambers and the Legal 500. Stones have expert solicitors specialising in landlord law. Purchase one of our Tenant Guarantor forms for just £3.99, and reuse it as many times as you wish.

What is typically found in a Guarantor form?

While Guarantor forms/contracts differ from one another, they all generally contain the same core 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.
What is a Tenant Guarantor?

The “Guarantor” is the person that chooses to accept the liability on behalf the tenant in the event of the tenant being unable to meet their obligations under the tenancy agreement, whether it is for rent arrears or damage to the property. The Guarantor is legally bound to accept the liabilities on behalf of the tenant.

Who can act as the Guarantor?

A “Guarantor” is usually a friend or family member of the tenant that has agreed to vouch for the tenant and accept the liabilities on behalf of the tenant. But essentially, anyone can. However, the landlord also has the right to deem any prospective Guarantor as being unsuitable. While the landlord can’t force the tenant to find another Guarantor, the landlord can refuse to give tenancy based on the Guarantor candidate. This maybe the case if the Guarantor has a low income, and is unlikely to be able to cover the tenant’s liabilities.

Being a Guarantor is not a task that should be taken lightly; when a guarantor enters into an agreement he or she normally agrees to meet the full obligations under the tenancy agreement on the tenant’s behalf. So it is imperative the Guarantor understands their responsibilities and the risks involved.

In any case, Guarantors should be verified with a credit check, to ensure they are suitable.

Why do I need a Guarantor?

Guarantors aren’t legally required to form a tenancy. In fact, many landlords don’t require tenants to have one. However, it’s advised to always have a Guarantor in place. Not only do they provide the landlord with that extra security, but it also gives the tenant a better chance of being accepted by the landlord because tenants that can provide a Guarantor are a lot more desirable than those that can’t. That’s extremely useful when multiple prospective tenants are competing for the same property. The landlord is most likely to opt for the tenant which provides the least amount of risk.

When should I use a Guarantor?

It is most common for the landlord to require a guarantor when the tenant has a low credit score or low income. Parents of young people or students are also often asked to guarantee their children’s rent. However, it is becoming increasingly common for landlords to require a guarantor regardless of the tenant’s income and credit score.

Parents need to be careful when being a Guarantor for their child in joint tenancies or groups because they usually carry joint and several liability. This means that the parent is essentially guaranteeing all the other residents as well, not just their child.

What if my tenant falls into arrears?

In the event where the tenant falls into arrears and/or needs to repay any other outstanding debts, the liability falls onto the Guarantor.

If the guarantor fails to cover the costs, then the landlord can take legal action against the guarantor. So it is always important to ensure 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 well-paid job and owning a property are common prerequisites.

Types of Guarantee

There are two types. The first one, the Guarantor clauses are found as part of the Tenancy Agreement Form (with in the same contract). In this case, the tenant, landlord and guarantor sign the tenancy agreement. The other type is a deed of guarantee, which involves a separate contract; almost like another tenancy agreement, but for the guarantor, which specifies their obligations.

When and who signs the Guarantor form?

The landlord, Guarantor and witness of the Guarantor are usually required to sign the contract for it to be properly executed, this is especially true for a dead of guarantee. The witness should also print their name, address and occupation, and should be present when the Guarantor signs the contract.

The guarantor should be provided with a copy of both the deed of guarantee and the tenancy agreement, so they’re clear about their liabilities and obligations.

How do I stop being a Guarantor?

There’s a more detailed blog post on this discussion over here, How Do I Stop Being A Tenant Guarantor?

Buy A Tenant Guarantor Form

228 Comments - join the conversation...

Showing 179 - 228 comments (out of 228)
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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

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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

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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

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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

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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?

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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

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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.

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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.

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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?

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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!

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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?

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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 ?

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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

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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.

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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?

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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.

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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?

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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?

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kyriakos2011-08-11 11:52:23

can the guarantor be my father ???? (he does not own a house in UK)

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adm1n2011-08-11 12:34:15

@kyriakos It's up to the Landlord, or in some cases the Letting Agent.

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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.

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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???

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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??

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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

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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

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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

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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

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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.

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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.

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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

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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.

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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

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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

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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

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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?

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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.

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Maria2012-01-23 15:53:14

I would check with a solicitor

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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).

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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.

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steven2012-03-10 17:40:00

im a guarantor for a family member, who has fallen onto hard ti mes,they are now being paid by beneifits and are in £400 arrears, ive asked the estate agent and given them 4 weeks notice of my termenation of gaurantor, the estate agency say i cant have my name removed because they are in arrears, how do i cancle this,

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Jeremy2012-03-10 22:56:47

Hello Steven,

I have not got sight of your guarantor agreement but I very much doubt you can cancel your guarantorship at this time.

The whole point of being a guarantor is to be prepared to fund the rent-debt of the person you are willing to personally guarantee.

It's a bit like making a promise and then not breaking the promise.

No in fact, it's not a bit like it. It's exactly like it.

This may sound harsh but you should not make promises you are not prepared to keep. Be a man; pay up if you have to and sort the the debt within the family.

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Stacey2012-08-15 10:05:08

Hello - I have been paying £50 per month for just over a years, towards the rent arrears in my previous property. The landlord has always been fine about this, until my partner (who was on the tenancy with me) left me with our two young children. I have always been honest with the landlord, and I explained that I couldn't afford the £50 per month on my income and we agreed on £20 per month. This was my debt, and I want to clear it without the guarantor (my Mother) being involved. All has been fine, I have been paying through the original letting agent as I felt more comfortable doing this. However, she decided last week to go to her solicitor to seek money from the guarantor if I couldn't pay and more a month. Seeing as I have paid over £1000 off this debt, and the remainder stands at £380, I was a bit miffed. We have agreed on an arrangement of £30 per month, plus I've got to pay her solicitors fee. I want to still pay the letting agent, not her. I get harrassed with up to 4 emails per day from her sometimes, and I just don't want to have to deal with her. I am worried about not having another party involved as a 'backup' as she wants me to pay her directly. She says she has the power to commence court proceedings if a payment is late (which they never are!) but she seems to be able to make her own rules up and I am worried that she will commence proceedings, and I will be stuck. Her conditions of the £30 per month are that I pay her directly, I'm happy to pay, I just want to pay the agent. Am I within my rights to do this because of my concerns?

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Benji2012-08-15 11:44:54

Stacey, It sounds like harrasment to me. Try giving the National Debtline a call 08088084000.

http://www.nationaldebtline.co.uk/agency_information.php

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natalie skillen2013-01-23 11:24:07

hiya there, i have aplied for a house with a guarantor, and the estete agent is asking for accounts beacause thier own there own shop.. should we have to provide this infomation.. as i didnt with my last agent??

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Geoff N2013-04-20 17:46:32

I am moving back to Britain after being away for 5 years. I have plenty of Savings. However asking one of my Siblings to be a Guarantor will not go down too well. I am not a Skiver, both my parents are deceased, and inherited a share of the Will. I read the advice above, but if a Sibling becomes a guarantor, and 1 resident wrecks the place, the Guarantor ends up being responsible. This is one reason why I wouldn't share a house. However to me, there is no incentive to be a Guarantor. I am a British citizen and have signed up to yes2dss, but finding a Guarantor would be nigh impossible. In these hard times, who with any sense would commit to such an agreement ? As plenty of you have pointed out, you can have an agreement, but it is your word against the Landlord's.

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Geoff N2013-04-20 18:23:57

My only other option is to use Savings instead of filing a DSS claim. But one family member bailing another out, is not an option. Times are getting harder, but taking on additional liabilities is not an attractive option, and who can blame them.

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kay Jeffrey2013-08-06 16:15:25

Hi if you rent from landlords are you allowed To keep animals I would like someone to let me know about this and also what happerns if you dont sign guarantour for someone are they able to stay where they want to please can you let me know assoon as possible please many thanks K J Jeffrey

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Adele2013-09-23 17:27:17

Hi,
Coudl someone confirm is a ruantor can be hel liable for the amount owed in rent arrears if th eteant failed to pay the rent. The guarantor is not party to the tenancy agreement, my solicitor thinks i do not have any grounds to take legal actions against him and that the guarantee letter he signed is worth nothing because he's not signed the tenancy contract. Has someone had a similar problem to mine? the tenants owe me 8000£ in rent arrears, i go ta bailff appointment to evict them but they are student so it is unlikely that i'll get any penny back. hence my decision to sue the gurantor if possible.

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Donna2014-02-11 19:50:18

Hi,can anyone help me?
I used to rent my house for myself and my five children,I have a friend who acted as guarantor,I have since been evicted due to rent arrears,I have paid these arrears but now I am told I owe £705 court costs,I have offered to make repayments for this but now they are saying they need to get an offer from my guarantor as well,are they in their rights to do this?
I thought a guarantor is only liable if the tenant doesn't pay up?
Any help would me gratefully received.
Thank you x

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xxbaileyxxx2014-03-06 11:08:38

Hi I'm 17 years old, I want to rent a private rented flat 1 bed would I be elligible to do so? Please help!

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