How to Use This Checklist
Click each checkbox to mark items as complete. Your progress is automatically saved to your browser. Use this checklist to verify every requirement before, during, and after creating your Guarantor Agreement.
✅ Preparing Your Guarantor Agreement
1. Before starting: Gather guarantor details, tenancy agreement reference, and tenant information
2. While completing: Verify every section against all 48 compliance points
3. Before signing: Check execution method (deed vs contract), witness requirements, and guarantor referencing
⚠️ Key Guarantor Agreement Requirements
📋 Key Purpose: A guarantor agreement creates a legally binding promise from a third party to cover rent and damages if the tenant defaults.
⚖️ Legal Framework: Execute as a simple contract (6-year limitation) or a deed (12-year limitation, requires witness) under the Law of Property (Miscellaneous Provisions) Act 1989.
🚫 Critical Requirements: Written agreement essential — verbal guarantees are almost impossible to enforce. If executing as a deed, the guarantor’s signature must be witnessed.
📝 Best Practice: Reference the guarantor, provide them a copy of the tenancy agreement, and ensure the guarantee covers tenancy variations.
🔵 Understanding Importance Levels
🔴 Critical: Must have — legally required or essential for enforceability
🟡 Important: Should have — protects your position and prevents disputes
🔵 Recommended: Nice to have — best practice for comprehensive coverage
Landlord's Full Legal Name
Include the complete legal name of the landlord (the person or company granting the tenancy). If joint landlords, all names should be listed. This identifies who can enforce the guarantee and claim against the guarantor.
🔴 Critical
Landlord's Address
The landlord's correspondence address for receiving notices and communications. This may be different from the rental property address. Essential for the guarantor to know where to send any notices or payments.
🔴 Critical
Landlord's Contact Details
Include phone number and email address for day-to-day communication. Essential for the guarantor to contact the landlord if they need to discuss payment arrangements or receive demands.
🟡 Important
Managing Agent Details (if applicable)
If a letting agent manages the property on behalf of the landlord, include their details. Specify whether the agent is authorised to receive payments and serve notices on the landlord's behalf.
🔵 Recommended
Tenant's Full Legal Name
Include the complete legal name of the tenant whose obligations are being guaranteed. Must match the name on the tenancy agreement exactly. If joint tenants, list all names being guaranteed.
🔴 Critical
Tenant's Current Address
The tenant's address at the time of signing. This will usually be the rental property address if the tenancy has already started, or their current address if signing before move-in.
🟡 Important
Relationship to Guarantor
Document the relationship between the tenant and guarantor (parent, relative, friend, employer). Helps establish the context of the guarantee and may be relevant if the guarantee is later challenged.
🔵 Recommended
Joint Tenant Clarification
If there are joint tenants, specify whether the guarantee covers all tenants or only specific named tenants. With joint and several liability, one guarantor can be liable for all tenants' defaults.
🟡 Important
Guarantor's Full Legal Name
Include the complete legal name of the guarantor. Must match their official identity documents. If multiple guarantors, list each separately with their own details and signature blocks.
🔴 Critical
Guarantor's Address
The guarantor's current residential address. Must be a UK address for easier enforcement. This is where demands for payment and legal notices will be sent.
🔴 Critical
Guarantor's Contact Details
Phone number and email address for the guarantor. Essential for communication about payment demands, arrears, or any issues with the tenancy. Allows informal contact before formal legal action.
🟡 Important
Guarantor Referencing Completed
Confirm you have verified the guarantor's ability to pay. Check that their income can cover the rent on top of their own housing costs. Rule of thumb: income should be at least 36x annual rent. Run a credit check with their consent.
🔴 Critical
Guarantor's Employment/Income Status
Document the guarantor's employment status and income level. Verify they are employed, self-employed with stable income, or have sufficient assets. A guarantor without means to pay provides no real protection.
🟡 Important
UK Homeowner Status (if applicable)
Note whether the guarantor owns property in the UK. Homeowner guarantors provide additional security as there are assets to pursue if they default on the guarantee. Not essential but strengthens the guarantee.
🔵 Recommended
Full Property Address
The complete address of the rental property being guaranteed. Must exactly match the property address in the tenancy agreement. Identifies which property and tenancy the guarantee relates to.
🔴 Critical
Tenancy Agreement Date
The date of the tenancy agreement being guaranteed. This links the guarantee to the specific tenancy. If the guarantee is signed before the tenancy, reference "the tenancy agreement to be dated on or about [date]".
🔴 Critical
Type of Tenancy
Specify the type of tenancy: Assured Shorthold Tenancy (most common), contractual tenancy, or other. The guarantee should reference the correct tenancy type to avoid any ambiguity about what is being guaranteed.
🟡 Important
Tenancy Term Details
Include the tenancy start date and initial term length (e.g., 12 months). Important for understanding the duration of the guarantee obligation and when statutory periodic continuation might begin.
🟡 Important
Monthly Rent Amount
State the monthly rent amount being guaranteed. While the guarantee covers "all sums due", stating the rent amount helps the guarantor understand the scale of their potential liability.
🟡 Important
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Primary Guarantee Obligation
Clear statement that the guarantor guarantees the tenant's performance of all tenancy obligations. This is the core of the agreement - the guarantor promises to pay if the tenant doesn't.
🔴 Critical
Rent Payment Coverage
Explicit inclusion of rent arrears in the guarantee scope. State that the guarantor will pay any rent the tenant fails to pay, when due and in full, without deduction.
🔴 Critical
Damage and Dilapidations Coverage
Include damage to the property caused by the tenant, beyond fair wear and tear. Cover the cost of repairs, replacements, and restoring the property to its original condition at tenancy end.
🔴 Critical
Legal Costs Indemnity
Include the landlord's legal costs in pursuing the tenant or guarantor for breach. Cover reasonable solicitor fees, court costs, and enforcement costs. This makes claiming more practical.
🟡 Important
Other Tenant Obligations
Cover other tenant obligations from the tenancy agreement: utility bills if unpaid, council tax arrears, cleaning costs, missing inventory items, and any other sums the tenant owes under the tenancy.
🟡 Important
Liability Cap (Optional)
If applicable, state any maximum liability amount. For example, "The guarantor's total liability shall not exceed £X" or "shall not exceed 12 months' rent". A cap may make guarantors more willing to sign but limits your protection.
🔵 Recommended
Joint and Several Liability Clause
If multiple guarantors, include joint and several liability. This means each guarantor is individually responsible for the full amount owed - you can claim 100% from any one guarantor without having to split the claim. Essential for maximum protection.
🔴 Critical
Continuing Guarantee Provision
State that the guarantee continues for the full tenancy term including any statutory periodic continuation. Without this, the guarantee might end when the fixed term expires, leaving you unprotected during periodic tenancy. Under the Renters' Rights Act 2025, assured tenancies have no fixed term and run periodically until ended. Without a clear cap, a guarantor could be exposed indefinitely. The agreement should specify an end date or cap (e.g., for the first 12 months only, or limited to a maximum monetary amount).
🔴 Critical
Tenancy Variation Survival Clause
Include a clause that the guarantee survives variations to the tenancy terms (rent increases, term extensions, etc.). Without this, if you vary the tenancy, the guarantee might not cover the new terms.
🔴 Critical
Principal Debtor Clause
State that the guarantor is liable as a principal debtor, not merely as a surety. This means you can pursue the guarantor directly without first exhausting remedies against the tenant. Strengthens enforceability.
🟡 Important
No Release Provisions
State that the guarantor's liability is not affected by: time or indulgence granted to the tenant, failure to enforce against the tenant promptly, or the landlord's delay in demanding payment. Prevents common defences.
🟡 Important
Demand for Payment Process
Explain how the landlord will demand payment from the guarantor: written notice specifying the amount owed, sent to the guarantor's address. The guarantor should pay within a specified timeframe (e.g., 14 days) of receiving the demand.
🔴 Critical
Payment Method
Specify how payments should be made: bank transfer to a specified account. Include bank details or state they will be provided in the demand. Clear payment instructions facilitate faster payment.
🟡 Important
Interest on Late Payments
State the interest rate that applies to late payments by the guarantor. Typically 4% above Bank of England base rate, or a fixed percentage. Interest accrues from the date payment was due until actual payment.
🟡 Important
No Set-Off or Counterclaim
State that the guarantor must pay the full amount demanded without deduction, set-off, or counterclaim. Any disputes about the amount should be dealt with separately - they cannot reduce or delay payment.
🟡 Important
Recovery Against Tenant
Clarify that after the guarantor pays, they may recover from the tenant. The guarantor steps into the landlord's shoes and can pursue the tenant for reimbursement. This is the guarantor's remedy, not the landlord's concern.
🔵 Recommended
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Receipt of Tenancy Agreement Copy
Guarantor confirms they have received and read a copy of the tenancy agreement. Essential - hiding the tenancy terms from the guarantor could make the guarantee unenforceable. They must know what they're guaranteeing.
🔴 Critical
Understanding of Obligations
Guarantor acknowledges they understand the extent of their liability and that they may be required to pay substantial sums if the tenant defaults. Clear acknowledgment prevents later claims of misunderstanding.
🔴 Critical
Independent Legal Advice Recommendation
State that the guarantor has been advised to seek independent legal advice before signing. This protects against later claims of undue influence or that the guarantor didn't understand. They don't have to take advice, but they should be told to consider it.
🟡 Important
Voluntary Execution
Guarantor confirms they are entering into the guarantee voluntarily and not under any duress or undue influence from the tenant or anyone else. Protects against later claims the guarantee should be set aside.
🟡 Important
Financial Ability Confirmation
Guarantor confirms they have the financial means to meet their obligations under the guarantee if called upon. While not legally required, this acknowledgment strengthens the guarantee's validity.
🔵 Recommended
Notice Provisions
Define how notices are served on the guarantor: in writing, sent to their address by post or email. Specify when notices are deemed received (e.g., 2 business days after posting, immediately if by email). Essential for enforcement.
🔴 Critical
Governing Law Clause
State that the guarantee is governed by the laws of England and Wales (or Scotland if applicable) and that the courts of that jurisdiction have exclusive jurisdiction over any disputes.
🔴 Critical
Severability Clause
State that if any provision is found invalid or unenforceable, the remaining provisions continue in full force. Prevents the entire guarantee failing if one clause is problematic.
🟡 Important
Entire Agreement Clause
State that the written guarantee constitutes the entire agreement and supersedes any prior discussions or representations. Prevents the guarantor claiming they were promised something different verbally.
🔵 Recommended
Deed vs Simple Contract Decision
Decide whether to execute as a deed (12-year limitation period, requires witness, no consideration needed) or simple contract (6-year limitation, no witness required). Deeds recommended for higher-risk tenancies, student lets, or higher rents.
🔴 Critical
Guarantor Signature Block
Space for the guarantor to sign and date the agreement. If executing as a deed, include the phrase "Signed as a deed" above the signature. The guarantor must physically sign - electronic signatures may not be valid for deeds.
🔴 Critical
Witness Details (If Deed)
If executing as a deed, include space for a witness to sign, print their name, and provide their address. The witness must be present when the guarantor signs. An unwitnessed deed is INVALID - this is non-negotiable.
🔴 Critical
Landlord Signature Block
Space for the landlord to sign and date, accepting the guarantee. While not always strictly required, having both parties sign creates a clear bilateral agreement and removes any doubt about acceptance.
🟡 Important
⚡
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Next Steps
Now that you've reviewed the compliance checklist, you have three options:
✅ Use Our Ready-Made Template
Save hours of research and drafting. Our professionally-crafted Guarantor Agreement template covers all 48 compliance points with joint and several liability, deed or simple contract execution options, liability caps, and proper witnessing provisions. Includes guidance on deed vs contract choice and multiple guarantor support. Available in both Smart Interview (guided) and Classic Editor (direct editing) modes for just £10.
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📝 Draft Your Own Guarantor Agreement
Use this checklist as your guide, but remember: a poorly drafted guarantee may be unenforceable when you need it most. The most common mistakes are: verbal guarantees (worthless), unwitnessed deeds (invalid), guarantees that don't survive tenancy variations, and missing joint and several liability clauses.
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Disclaimer: This checklist is for general informational purposes only and does not constitute legal advice. While we strive to keep information accurate and up to date, the law is complex and subject to change. Every situation is unique, and you should seek professional legal advice for your specific circumstances. This checklist applies to guarantor agreements for residential tenancies in England and Wales. Last updated: May 2026.
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