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Money Claim Against a Guarantor

If the tenant will not pay and you have a valid guarantee in place, this guide helps you check the wording, decide who to pursue, and recover the debt more clearly.

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Start here if you need the main guide on this issue. If your situation is narrower or you want the next practical step, go to tenant not paying rent in the UK.

If you want the wider background first, read landlord money claim guide.

Ready to act? The quickest route from here is money claim pack for unpaid rent.

Enforce the guarantee

Claim Against Tenant Guarantor for Unpaid Rent

When the tenant won't or can't pay, enforce your guarantor agreement and recover rent arrears and damage costs.

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When to Claim Against a Guarantor

Joint and several liability: You don't have to pursue the tenant first. You can claim against the guarantor directly, or against both tenant and guarantor together.

Why Claim Against Guarantor?

  • Guarantors often have assets to enforce against
  • CCJ affects their credit - motivates payment
  • Family members often pay to protect relationship
  • Professional guarantors have clear processes

Check Your Guarantee Covers:

  • The current tenancy period (fixed + periodic)
  • Rent and/or other obligations
  • Damage and dilapidations
  • Any liability cap or limit

Check guarantee validity: Some guarantees only cover the fixed term and expire when the tenancy becomes periodic. Review the guarantee wording before making a claim.

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Evidence You Need

Guarantee Documents

  • • Signed guarantor agreement
  • • Tenancy agreement (referenced)
  • • Guarantor identification
  • • Witness signatures (if applicable)
  • • Any variations or extensions

Debt Evidence

  • • Rent arrears schedule
  • • Damage assessment (if applicable)
  • • Correspondence with tenant
  • • Letter before action to guarantor
  • • Interest calculation

Guarantor Claim Evidence Checklist

  • Original signed guarantor agreement
  • Tenancy agreement
  • Proof guarantee covers the period
  • Rent arrears calculation
  • Previous correspondence
  • Letter before action to guarantor
  • Proof of sending (recorded delivery)
  • Guarantor contact details

Start Your Guarantor Claim

The Money Claim Pack includes documents for claiming against guarantors, including joint claims against both tenant and guarantor.

Start Your Claim — £29.99

Court fees from £35 extra (based on claim amount)

Guarantor claim FAQs for landlords

Frequently Asked Questions

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Yes, if you have a valid guarantor agreement that covers the tenant's obligations. The guarantor is jointly and severally liable with the tenant, meaning you can pursue either or both for the full amount owed.
No. Under joint and several liability, you can choose to claim against the guarantor directly, the tenant directly, or both together. Many landlords find guarantors easier to collect from as they often have more assets.
A valid guarantor agreement should: be in writing, be signed by the guarantor, clearly identify the tenant and property, specify what obligations are guaranteed (rent, damage, etc.), and ideally be witnessed. The guarantor should have received independent legal advice.
This depends on the wording of your guarantee. Some guarantees only cover the fixed term. Others extend to any statutory periodic tenancy. Check your guarantee carefully - if it doesn't mention periodic tenancies, it may have ended.
Yes, if the guarantee covers "all tenant obligations under the tenancy agreement" which typically includes keeping the property in good condition. Check the guarantee wording to confirm damage is covered.
If the guarantee was properly executed and the guarantor had opportunity to seek advice, this defence usually fails. However, if the guarantor was vulnerable, misled, or didn't receive key information, courts may find the guarantee unenforceable.
You can claim the same amounts you could claim from the tenant: unpaid rent, damage costs (with betterment), interest, and court fees. The guarantee may cap liability or it may be unlimited - check the wording.
Yes, always. Send a formal letter before action to the guarantor giving them 14-30 days to pay. Explain the tenant's debt, their guarantee obligations, and what you'll do if they don't pay. Keep proof of sending.
Yes, you can name both as defendants in a single MCOL claim. You can then enforce the judgment against either or both. This is often the most efficient approach.
Yes. If the guarantor pays you, they have a right to recover that amount from the tenant (subrogation). You should provide the guarantor with evidence of the debt if they request it for their own claim.
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Money Claim Pack

Start a landlord money claim pack for rent, damage, and tenant debts.