A guarantor is often what makes a borderline application work — a student, a first-time renter, someone with a thin credit file, backed by a parent who will cover the rent if it is not paid. But a guarantee is only worth anything if it is drafted so it actually binds, and the Renters’ Rights Act changed several of the rules that decide whether it does.
This guide covers why a guarantee usually has to be a deed, the new rule that ends a guarantor’s liability when the tenant dies, the fixed-term wording that quietly voids a guarantee now that tenancies are periodic, what a guarantor is and is not liable for, and a free template to work from.
This is guidance, not legal advice. Get a guarantee deed checked by a solicitor before you rely on it.
Why it usually has to be a deed
A guarantee is a promise to answer for someone else’s debt, and the law treats those carefully. Two things matter:
Get the execution wrong — no witness, or signed after the tenant already moved in without being a deed — and you may find the guarantee cannot be enforced when you need it.
The Renters’ Rights Act change everyone misses: death
Here is the new rule that catches landlords out. For a guarantee entered into on or after 1 May 2026, if the tenant dies, the guarantor is no longer liable for rent for the period from the death. Section 19 of the Renters’ Rights Act 2025 puts it plainly: the guarantee "is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the death of that person."
So a parent who guaranteed their child’s tenancy is released from the rent if that child dies — you cannot pursue them for rent that falls due afterwards. For joint tenancies it is more nuanced: the release turns on whether the guarantor was related to the tenant who died, and whether the other joint tenants are still alive. The practical point is simple: do not assume a guarantee survives a tenant’s death, because in most cases it does not.
The fixed-term trap that voids old wording
This is the drafting mistake that matters most in 2026. Plenty of guarantee deeds say the guarantor covers the tenant’s obligations "during the initial fixed term". That wording was fine when tenancies had fixed terms. They do not any more — since 1 May 2026 every assured tenancy is periodic from the start and simply rolls on.
A deed tied to a fixed term that no longer exists can leave you with a guarantee that does not clearly cover the ongoing periodic tenancy at all. A guarantee written for the post-Act world needs to expressly cover the tenant’s obligations for as long as the periodic tenancy continues in any form, not just an initial period. If your template still talks about a fixed term, it is out of date.
What a guarantor is — and is not — liable for
A guarantor stands behind the tenant’s obligations, typically the rent and the cost of damage beyond fair wear and tear. Two limits worth knowing:
Free deed of guarantee template
Use this as a starting point, and have it checked. It must be executed as a deed — signed by the guarantor in front of a witness who also signs.
> Deed of Guarantee
>
> This deed is made on [date] between:
> (1) [Guarantor name] of [address] ("the Guarantor"); and
> (2) [Landlord name] of [address] ("the Landlord").
>
> 1. In consideration of the Landlord granting a tenancy of [property address] to [Tenant name] ("the Tenant"), the Guarantor guarantees to the Landlord the payment of all rent lawfully due and the performance of all the Tenant’s obligations under the tenancy.
>
> 2. This guarantee covers the tenancy for as long as it continues, including after it becomes or continues as a periodic tenancy, and any lawful variation of the rent.
>
> 3. The Guarantor’s liability for rent ends in the circumstances set out in the Renters’ Rights Act 2025, including on the death of the Tenant.
>
> Executed as a deed by [Guarantor name]:
> Signature: __________ Date: ______
> In the presence of (witness): Name / Signature / Address
>
> Signed by [Landlord name]: __________ Date: ______
Fill the brackets, keep clause 2 (the periodic-tenancy wording) and clause 3 (the death release), and do not use a template that still limits the guarantee to a fixed term.
How LetCompliance helps
A guarantee is only as good as the referencing and records behind it:
Sources
2026 UK Landlord Compliance Cheat Sheet
Every Gas Safety, EICR, EPC, deposit and Right to Rent deadline on one printable A4 page. Updated for the Renters’ Rights Act 2025.
- Every UK statutory deadline by document type
- Maximum penalty per breach (HSE, MEES, RtR, deposit)
- What blocks a Section 8 / Form 6A possession claim
- Print-friendly A4 with checkboxes
Frequently asked questions
Does a guarantor agreement have to be a deed?
Usually, yes. A guarantee must be in writing and signed by the guarantor (section 4 of the Statute of Frauds 1677), and because a guarantor typically gets nothing in return for their promise, it is executed as a deed to avoid any "no consideration" argument. A deed must be signed, witnessed and delivered to be valid — get the execution wrong and the guarantee may not be enforceable when you need it.
Is a guarantor still liable if the tenant dies?
No, not for rent after the death, for guarantees entered into on or after 1 May 2026. Section 19 of the Renters’ Rights Act 2025 says a guarantee is of no effect to the extent it guarantees rent for the period beginning with the tenant’s death. For joint tenancies the release depends on whether the guarantor was related to the tenant who died and whether the other tenants are still alive. Do not assume a guarantee survives a death.
Why might an old guarantor deed be worthless in 2026?
Because many older deeds guarantee the tenant’s obligations "during the initial fixed term". Since 1 May 2026 there are no fixed terms — every assured tenancy is periodic and rolls on — so a deed tied to a fixed term that no longer exists may not clearly cover the ongoing tenancy. A post-Act guarantee must expressly cover the tenant’s obligations for as long as the periodic tenancy continues.
Can a guarantor be pursued for a rent increase?
Only for rent that is lawfully due. A guarantor answers for the rent the tenant actually owes, so a rent increase that did not follow the correct Section 13 process is not lawfully due and cannot be pursued against the tenant or the guarantor. Serve the increase correctly and the guarantee follows it; get it wrong and neither owes the extra.