Tenancy Guarantor Agreement (Deed)

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Questions about this document

Why a deed rather than a simple guarantor form?

A guarantee must be in writing and signed by the guarantor to be enforceable at all (Statute of Frauds 1677, section 4), and as a simple contract it also needs consideration from the landlord, which can be argued to be missing if the guarantor signs after the tenancy has already been granted. Executing the document as a deed, signed in front of a witness, binds the guarantor without any payment passing. That is why this document is a deed with proper witnessed execution blocks rather than a one-page form.

What is the guarantor liable for?

The rent and the tenant’s other obligations under the tenancy agreement, such as damage beyond fair wear and tear, for the period the deed covers. Optional clauses let you cap the total liability, limit a guarantor to one tenant’s share in a joint tenancy, and release the guarantor after 12 months. The guarantor information sheet explains all of this in plain English before they sign.

Does the guarantee survive a rent increase or the tenancy continuing?

It is drafted for the periodic tenancies created by the Renters’ Rights Act 2025, so it continues while the tenancy continues and expressly covers rent as increased by a section 13 notice. A consumer guarantor can challenge terms that a court would regard as unfair under the Consumer Rights Act 2015, which is why the deed is drafted with clear limits and optional caps rather than open-ended language that might not be enforceable.

What happens if the tenant dies?

The Renters’ Rights Act 2025 provides that a guarantor cannot be made liable for rent falling due after the tenant’s death, in the circumstances the Act sets out. The deed states this rule correctly rather than contradicting it with a blanket promise, and states the joint-tenancy rule: the release applies only once all the tenants have died or, if the guarantor is a family member of one or more of them, once those family members have died.

Who can be a guarantor and what should they see before signing?

Any adult with the means to pay; a UK-resident guarantor with a UK address is much easier to pursue if it ever comes to that. Send them the guarantor information sheet and a copy of the tenancy agreement before they sign, and have them sign in front of an independent adult witness who is not a party. A guarantor who signs without understanding what they are taking on is the most common reason a guarantee is challenged.

Can the guarantor withdraw later?

Without an express release mechanism a guarantee of a periodic tenancy generally continues for as long as the tenancy does. The deed includes an optional release clause after 12 months and sets out how a guarantor can give notice to end their liability for the future if you choose to allow it. Use it when you want a student’s parent, for example, to be off the hook once the tenant has a payment record.

Does it work with any tenancy agreement?

Yes. It is drafted to sit alongside any assured periodic tenancy agreement for a property in England, including ones you did not buy from us, and pairs with our Assured Periodic Tenancy Agreement (England), which carries a guarantor cross-reference. It is not drafted for Wales, Scotland or Northern Ireland.

Often needed together

The documents landlords and employers use alongside this one.

Assured Periodic Tenancy Agreement (England)

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Written Statement of Terms (England)

£7.99

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Property Inventory & Schedule of Condition

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Get this and the documents above in the Landlord Pack 2026 (England) for £29.99 and save £9.97.