Understanding Guarantors in Scottish Tenancies

If your landlord or letting agent in Scotland asks you to provide a guarantor, it’s important to understand what this means and how it affects your tenancy. Guarantors are common in Scottish tenancies, especially for students, first-time renters, or those with limited credit history. Knowing your rights, the official forms involved, and where to turn for help can make the process smoother and safer for everyone involved.

What Is a Guarantor in a Scottish Tenancy?

A guarantor is someone (often a parent, relative, or close friend) who agrees in writing to cover your rent or other costs if you can’t pay them yourself. In Scotland, landlords use guarantors as extra security, especially if you have no renting history or a low income.

• The guarantor signs a legal agreement, making them responsible if you miss rent or cause damage beyond your deposit.
• The agreement should clearly say what the guarantor is liable for and for how long.

Your rights as a renter are protected under Scottish law. However, it’s important that both you and your guarantor read and understand any documents before signing. For most private renters, especially those under a Private Residential Tenancy (PRT), the landlord must give clear terms and stick to official processes.^[1]

How Does a Guarantor Agreement Work?

The guarantor’s liability usually starts from the date they sign the agreement and continues for as long as the tenancy (or a specified period).

• Some agreements are ‘joint and several,’ meaning the guarantor might be responsible for all tenants’ debts in a shared home.
• The agreement may include unpaid rent, damage, or legal costs if eviction becomes necessary.

If you move to a new lease or make major changes to your agreement, a new guarantor form may be needed. Guarantors can ask for a copy of the tenancy agreement and should be given all related information before signing.

What Official Forms Are Used?

• Guarantor Agreement (no standard government form): Most landlords use their own template, but Citizens Advice Scotland provides guidance on what it must contain.
• Private Residential Tenancy Agreement (PRT): The main contract for private renters since 2017, including space to record details about guarantors if required. Use the Scottish Government's Model Private Residential Tenancy Agreement for reference.

Example: If your landlord asks for a guarantor because you’re starting your first job, they will usually provide their own agreement for your guarantor to sign. Always check it for length of liability and exactly what is covered.

Your Legal Rights and Responsibilities

Scottish tenancy law gives protection to both renters and guarantors.

• Your landlord can’t change the terms of your tenancy (e.g., raise the rent or add new charges) without creating a new agreement—which usually means a new guarantor signature.
• Guarantors have the right to see all documents they are guaranteeing and to be notified if you miss payments.

For disputes between renters and landlords (including over guarantor matters), the official tribunal is the First-Tier Tribunal for Scotland (Housing and Property Chamber).^[2]

What Legislation Covers Guarantors in Scotland?

Guarantor arrangements are governed by several parts of Scottish law, including:

• The Private Housing (Tenancies) (Scotland) Act 2016, which sets out the rules for Private Residential Tenancies (PRTs).
• General contract law, as the agreement is a binding contract.

Landlords must treat both renters and their guarantors fairly, making sure all terms are clear and not unfair under the Unfair Terms in Consumer Contracts Regulations 1999.^[3]

What Happens If There’s a Problem?

If you’re struggling to pay rent or your landlord is making unreasonable demands on your guarantor:

• Talk to your landlord as soon as possible—explain your situation and see if you can agree a payment plan.
• If your guarantor is being asked to pay, make sure they receive written proof and breakdowns of any claimed sums.
• If you disagree with the landlord, you can apply to the Housing and Property Chamber for resolution or seek free advice from Citizens Advice Scotland.

It’s crucial to act quickly and keep all paperwork. If you’re facing legal action, help is available to guide you through the process.

Frequently Asked Questions

1. Do all tenants in Scotland need a guarantor?
   No, guarantors are not legally required for every tenancy, but many landlords request them—especially for students, young people, or those with little credit history.
2. What information does a guarantor need to provide?
   Usually, proof of identification, income or employment, and a signed guarantor agreement. The landlord may also ask for credit checks or references.
3. Can a guarantor withdraw from the agreement during the tenancy?
   Typically, a guarantor remains liable for the entire term unless both the landlord and all parties agree otherwise in writing, or a new tenancy agreement is signed.
4. What happens if the guarantor can’t pay?
   If a guarantor fails to meet their commitment, landlords may pursue legal action against them. If you or your guarantor face this, get advice immediately from Citizens Advice Scotland or a local council.
5. Where can disputes about guarantors be resolved?
   Disputes can be taken to the First-Tier Tribunal for Scotland (Housing and Property Chamber), which handles tenancy-related issues in Scotland.

Key Takeaways

• Guarantors provide extra financial security for landlords but come with important legal responsibilities for all parties.
• Always read and understand any guarantor agreement before signing. There’s no official government template, so ask questions if unsure.
• Scottish tenant law protects both renters and guarantors—help is available if you believe terms are unfair or your landlord is acting outside the law.

Need Help? Resources for Renters

• Scottish Government: Tenancy Guidance
• First-Tier Tribunal for Scotland: Housing and Property Chamber — handles all tenancy disputes
• Citizens Advice Scotland — free, confidential housing advice and support
• Scottish Government: Tenancy Reform

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. First-Tier Tribunal for Scotland (Housing and Property Chamber)
3. Unfair Terms in Consumer Contracts Regulations 1999

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