When to Use a Guarantor Clause in Your Tenancy Agreement
Should you require a guarantor? When guarantor clauses protect landlords, how to enforce them, and claiming from guarantors when tenants default.
Read this first
This guide explains the problem in plain English first, then shows you the next practical step when you are ready.
Your tenant owes you money and you need to know the fastest lawful way to chase it. This guide explains the route, the paperwork, and the mistakes that can slow you down.
What is a Guarantor?
A guarantor is a third party (usually a parent, relative, or friend) who signs a legal agreement promising to:
Unpaid rent
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If the arrears keep growing, move from reading to action with the documents you need for the claim.
- Set out what is owed clearly before the numbers get harder to untangle.
- Build the claim in plain English.
- Get the court paperwork ready for the next step.
- Pay the rent if the tenant doesn't
- Cover damage costs the tenant is liable for
- Meet any other financial obligations under the tenancy
The guarantor becomes jointly and severally liable with the tenant. This means you can pursue either the tenant or the guarantor (or both) for unpaid amounts.
When to Require a Guarantor
Consider requiring a guarantor when the tenant:
Financial Risk Indicators
- • First-time renter with no history
- • Student or young professional
- • Low or irregular income
- • Failed credit checks
- • Self-employed with variable earnings
Situational Factors
- • New to the country
- • Recently changed jobs
- • Rent is high relative to income
- • Previous CCJs (but otherwise acceptable)
- • Benefits recipient
A guarantor doesn't make a bad tenant good—but it does give you someone to claim from if things go wrong.
The Guarantor Agreement
The guarantee must be properly documented to be enforceable. Essential elements include:
- Guarantor's full name and address
- Clear statement of what they're guaranteeing
- Reference to the specific tenancy agreement
- Statement that the guarantee survives tenancy variations
- Guarantor's signature (witnessed is better)
Warning: A guarantee that doesn't properly identify the tenancy or clearly state the guarantor's obligations may be unenforceable. Always use a properly drafted guarantee agreement.
Claiming from a Guarantor
If your tenant doesn't pay, you can pursue the guarantor through the same process as claiming from a tenant:
- Send a Letter Before Action to the guarantor
- Give them 30 days to pay
- If no payment, issue a court claim naming the guarantor as defendant
- Obtain CCJ against the guarantor
- Enforce as needed
You can claim from the guarantor at the same time as the tenant, or wait until you've exhausted attempts to recover from the tenant first. Tactically, claiming from both simultaneously often produces faster results.
Learn more about claiming from a guarantor in our dedicated guide.
Common Issues with Guarantor Claims
"The tenancy was varied without my consent"
Guarantors sometimes argue they're released because rent increased or the tenancy was extended. A well-drafted guarantee covers this by stating it survives variations.
"I didn't understand what I was signing"
Courts expect guarantors to read what they sign. Unless there was actual fraud or misrepresentation, this defence rarely succeeds.
"The guarantee has expired"
Some guarantees are limited to an initial fixed term. Check your guarantee wording— ideally, it should cover "the tenancy and any statutory periodic continuation."
Need to Claim from a Guarantor?
Our money claim for unpaid rent Pack includes documents for claiming from both tenants and guarantors.
Start Guarantor Claim - £29.99FAQs for landlords
Can I require a UK-based guarantor only?
Yes. It's reasonable to require a UK guarantor because enforcing against overseas guarantors is extremely difficult and expensive.
Should I credit check guarantors?
Absolutely. A guarantor with poor credit or no assets doesn't provide meaningful security. Check they can actually pay if needed.
Can the guarantor end their guarantee?
Generally no—not unilaterally. The guarantee lasts for the period specified (or the whole tenancy if not specified). They can't simply withdraw.
What to do next
Core eviction guides to keep your case moving
Keep your case connected with the core possession guides most landlords need during arrears and notice problems.
FAQs for landlords
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