If you're renting in England and a guarantor has been asked to support a tenancy, it's important to know what that role means and what rights tenants have. This guide explains common guarantor obligations, when a guarantor can be asked to pay, how tenants can challenge unlawful demands or eviction, and what official forms and notices matter. It covers repairs, deposit protection, and accessing the First-tier Tribunal (Property Chamber) if disputes cannot be resolved. Practical examples show when a guarantor's liability ends and how tenants can protect themselves with clear records, timely responses to notices and by using the correct GOV.UK forms.
Guarantor responsibilities
A guarantor usually promises the landlord they will meet the tenant's obligations if the tenant does not. That generally covers unpaid rent and, in some agreements, damage or legal costs. Guarantors should read the tenancy agreement carefully, check how long their liability lasts and whether the promise is joint and several.
- Pay outstanding rent if the tenant falls into arrears.
- Cover reasonable costs for damage beyond the tenant's protected deposit.
- Sign the guarantor clause on the tenancy agreement and keep a copy of the signed document.
- Check when liability ends—some guarantors are liable only for a fixed term or until the tenant's obligations end.
Tenants' rights and protections
Tenants in England have rights on repairs, deposit protection, and fair eviction procedures under the Housing Act 1988 and the Rent Act 1977[4][5]. If the landlord seeks possession, tenants and guarantors should check whether the correct notices have been served and whether statutory procedures were followed. Where disputes persist, the First-tier Tribunal (Property Chamber) or the courts can consider claims and disputes about deposits, rent and possession[3].
- Request repairs for issues that risk health or safety and keep written records and photos as evidence.
- Ask for the deposit to be returned through the tenancy deposit protection scheme if it was protected.
- Challenge an unlawful eviction or improper possession claim through the correct legal process.
- Ensure you receive and respond to written notices such as Section 21 or Section 8 where required.
Official forms and when to use them
Below are common official forms and where tenants or guarantors might encounter them. Use the linked GOV.UK pages to access official templates or court guidance.
- Notice seeking possession under Section 21 (Form 6A)[1] — Used by landlords to give notice to end an assured shorthold tenancy in specified circumstances. Example: a landlord serving a statutory Section 21 after the fixed term ends; a tenant should check the landlord returned the deposit and gave required information before the notice is valid.
- Claim form N5 (possession)[2] — Court claim form used to start possession proceedings. Example: if a landlord issues a claim for possession, the tenant or guarantor will receive court documents and must follow instructions to respond or defend the claim.
- First-tier Tribunal (Property Chamber) guidance[3] — Use this route for certain deposit and housing disputes; the page explains how to apply and what evidence to provide. Example: a tenant or guarantor disputing a deposit deduction can apply to the tribunal for a decision.
FAQ
- What can a guarantor be asked to pay?
- A guarantor can be asked to pay unpaid rent and, if the agreement covers it, reasonable costs for damage or breaches of the tenancy. Check the exact wording of the guarantor clause and the dates of liability.
- Can a guarantor be removed from a tenancy?
- A guarantor can only be released if the landlord agrees or if the tenancy and guarantor agreement include a clause allowing removal. Seek written confirmation from the landlord and keep a copy.
- How can a tenant or guarantor challenge an eviction?
- First check that the landlord followed the correct legal procedure and served any required notices. If procedures were not followed or the notice is invalid, you can contest it in court or apply to the First-tier Tribunal (Property Chamber) where appropriate.
How-To
- Gather evidence: collect photos, dated repair requests, rent receipts and a copy of the tenancy and guarantor agreement.
- Write to the landlord: explain the issue, request action or set out your disagreement in writing and keep the message and any reply.
- Use official forms or notices: if a formal notice is required, refer to the correct GOV.UK forms (for example Form 6A or court claim forms) and meet any deadlines.
- Apply to the appropriate forum: if you cannot resolve matters, apply to the First-tier Tribunal (Property Chamber) or respond to a court claim following the guidance provided.
Help and Support / Resources
- Tenancy Deposit Protection - GOV.UK
- Evicting a tenant - GOV.UK
- First-tier Tribunal (Property Chamber) - GOV.UK
