Tenant Guarantor Form
Written by The Landlord on 27 May 2008What 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.
217 Comments - join the conversation...
Thanks
George
168
JR
169
170
171
172
173
174
175
176
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
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
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
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
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
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
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
Thanks
Helen
184
185
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
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
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
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
190
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
192
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
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
195
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
197
198
199
200
201
202
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
Is this correct?
Thanks for your attention to this
204
205
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
207
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
Thank you.
209
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
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
212
213
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
215
216
217
Please leave a comment
Want FREE Landlord/Tenant advice from experienced Landlords?
Join our active Landlord community by registering to our Landlord Forum. Learn, share and resolve your problems!






I initially started this website because I wanted to document my every step from property idiot to property landlord,
in hope that people would find my site and help me along the way. I literally didn't have a clue about being a landlord
when I started this website.