,

A guide to rental guarantors – can they help protect your property?

Tenants reviewing a tenancy agreement
alfa27/stock.adobe.com

As a landlord, there may be times when you want to ask your tenant to name a guarantor. This can help to make sure that rent and costs for damages are paid even when tenants aren’t able to pay. 

There are circumstances when it makes sense to require a guarantor, including when renting to students or young professionals. 

However, introducing guarantors into the rental agreement adds a layer of complexity, from guarantor agreements to extra affordability checks.

So, when and why might you need your tenants to provide a guarantor and how could the process change as a result of the Renters’ Rights Act?

What is a rental guarantor?

A rent guarantor is someone who can pay rent when the tenant can’t. The guarantor will usually be liable for other payments too, like property damage.

They may also need to meet the tenant’s other obligations and responsibilities if things go wrong.

Guarantors give landlords extra security, but you need to check that they would actually be able to pay.

When and why are guarantors needed?

Many landlords ask tenants to provide a guarantor if they’re a student or young professional, while some ask all tenants to provide one as policy. 

Here are some of the other reasons why a tenant might need a guarantor:

  • lack of (or poor) references – previous landlord references can show that a tenant usually pays their rent on time and full
  • low income or failed affordability check – this could be an indication that the tenant may struggle to meet their monthly rent payments 
  • limited, non-existent, or poor credit history – a strong credit score shows that someone is able to keep up with their Direct Debits and pay off debts
  • unstable or irregular employment – freelancers or self-employed people may have busy and leaner periods of working, meaning there could be months where they don’t have enough money to pay rent if they don’t budget effectively

Who can be a guarantor?

Guarantors should be in stable long-term employment and are usually UK homeowners.

As there’s a high level of trust involved, the guarantor will often be a close relative. For instance, students usually ask a parent to be their guarantor.

From a landlord’s perspective, you need to check the guarantor in the same way you check tenants. That means credit searches and referencing, as well as asking for these details on the application form:

  • identity and personal details
  • the property they’re agreeing to be guarantor for
  • legal history
  • employment history
  • residency information
  • references (a character reference from an accountant or lawyer)
  • bank reference
  • agreement that you can do a credit search, plus signature

You should also draw up a proper guarantor agreement. As there’s no standard or statutory guarantor agreement, it’s important that the wording is right for all parties.

What goes in the guarantor agreement?

The guarantor’s agreement is with the landlord (and separate to the tenancy agreement). It includes:

  • the date of the agreement
  • the lease term the agreement applies to (and how the guarantor’s obligations end)
  • the names of the guarantor and the landlord (and their signatures)
  • the property details
  • the tenant’s name

The guarantor agreement needs to be clear about the guarantor’s responsibilities and obligations. For example:

  • is the guarantor only liable for unpaid rent, or do their obligations extend to situations like property damage?
  • in shared accommodation, does one guarantor cover the whole tenancy, or are there separate guarantors for each share of the rent?
  • does the guarantor agreement last only until the end of the initial period, or does it extend to future terms (or a ‘rolling’ tenancy)?
  • if the guarantor agreement is open-ended, it can only legally end by a service of a valid notice to quit by the tenant, or by mutual surrender of the tenancy between the landlord and tenant, or a possession order from the court
  • will the guarantor also be liable for changes to the tenancy agreement, like rent increases?
  • is the landlord required to minimise the guarantor’s losses, for example by putting the property up for rent as soon as possible if the tenant leaves during the lease term?

The guarantor agreement shouldn’t have terms that create a ‘significant imbalance’ between the parties involved, as the courts may view that as unfair.

If a guarantor thinks a term is unfair and they decide to take the landlord to court, the court will decide whether the guarantor has to pay.

Responsibilities for landlords, tenants, and guarantors

Area Landlord responsibilitiesTenant responsibilities Guarantor responsibilities
Rent payments Collect rent, issue receipts, and follow proper legal process if rent isn’t paid
Pay rent in full and on time as stated in the tenancy agreementPay any rent the tenant fails to pay under the guarantor agreement
Property damageMaintain the property’s structure, heating, plumbing, and safety standardsKeep the property in good condition and repair any damage they causeCover the cost of damage caused by the tenant if they can’t or won’t pay
Utility bills and council taxProvide accurate meter readings and ensure utilities are safe and functionalPay bills and council tax unless stated in the tenancy agreementMay be liable for unpaid bills if stated in the guarantor agreement
Legal agreement Provide a clear tenancy agreement and protect deposits in an approved schemeSign the tenancy agreement and comply with its termsSign a separate, legally binding guarantor agreement
Tenant referencing and affordability checksComplete fair tenant referencing and affordability checksProvide accurate information for referencing and credit checksProvide accurate information for affordability and credit checks
CommunicationCommunicate clearly
and provide required documents
Respond quickly and keep contact details
up to date
Respond quickly if contacted about rent arrears and keep contact details up to date

It’s best to get dedicated professional advice when drawing up a guarantor agreement or a tenancy contract.

How will the Renters’ Right Act affect guarantor agreements?

The way the guarantor process works will change as a result of the Renters’ Rights Bill (which recently became law).

Currently, guarantors are usually liable for a six or 12-month fixed term. However, fixed term tenancies are being abolished and replaced with periodic tenancies that have no end date. This means landlords will need to redraft their agreements to make sure a guarantor is liable for the entire duration of the tenancy. 

Although this means landlords will have protection for a longer period, the increased liability could discourage potential guarantors from signing an agreement.

Another change to be aware of is that guarantors won’t be liable for unpaid rent if a tenant dies.

What’s the difference between a guarantor and rent guarantee insurance?

As a landlord you may be considering whether you should use guarantors or an insurance product like rent guarantee.

Rent guarantee insurance (sometimes known as tenant default insurance) is similar to a guarantor in that it protects a landlord’s income if a tenant fails to pay their rent.

The key difference is that the landlord has to pay an insurance premium for their rent guarantee policy, whereas getting a guarantor to sign a legally binding agreement is free.

Most rent guarantee insurance policies also include a form of legal protection, which could help a landlord in the event of an eviction.

Whether you choose to require a guarantor or buy a rent guarantee insurance policy will depend on your specific circumstances. 

Many landlords who rent to students or young professionals use a guarantor, while those that have more general concerns about tenants’ ability to pay rent, or want cover for potential legal costs, may opt for an insurance policy.

Should landlords use guarantors? 4 key takeaways

  1. Guarantors can provide landlords with extra piece of mind, particularly when renting to student tenants or those with a poor credit history
  2. Landlords should carry out affordability checks on guarantors to make sure they could actually pay if the tenant defaults on their rent
  3. Under the Renters’ Rights Act, guarantors will need to be liable for the duration of a tenancy rather than a fixed term of six or 12 months
  4. Rent guarantee insurance is an alternative to using a guarantor that costs more money but usually provides a level of legal protection

Rental guarantor FAQs

Who can act as a guarantor?

Anyone can be a guarantor, but they’re usually a homeowner and a close friend or relative of the tenant. Landlords need to check that a guarantor can afford to pay the rent if the tenant defaults. 

There are also professional guarantor companies that the tenant can pay to act as a guarantor on their behalf.

Is being a guarantor legally binding?

Being a guarantor for a tenant is legally binding. For the agreement to be valid, it must be in writing and executed as a deed.

The landlord must also provide the guarantor with full disclosure of the tenancy agreement.

How do landlords check a guarantor?

Landlords make sure guarantors are suitable by checking their credit history and affordability through their income.

Guarantors may also be asked for a reference and may need to prove that they own a property.

Landlord guides and resources

Looking for tenant default cover?

If your tenant doesn’t pay their rent – whether it’s their first missed payment or they’ve got a history – tenant default insurance can cover you for owed rent, up to £100,000. Why not run a quick landlord insurance quote today?

Conor Shilling

Conor Shilling is a professional writer with over 10 years’ experience across the property, small business, and insurance sectors. A trained journalist, Conor’s previous experience includes writing for several leading online property trade publications. Conor has worked at Simply Business as a Copywriter for three years, specialising in the buy-to-let market, landlords, and small business finance. Connect with Conor on LinkedIn.