Finding a guarantor can be a crucial step for tenants or renters who cannot meet a landlord's affordability checks in Wales. This guide explains who can act as a guarantor, common clauses in guarantor agreements, what landlords may check (credit, income and references), and practical alternatives if you cannot provide one. It also explains your rights if a guarantor is asked to pay, how to limit liability, and the official routes for disputes, including applying to the First-tier Tribunal (Property Chamber). Read on for clear steps, required official forms, and advice on documenting agreements so both tenants and guarantors understand their responsibilities before signing.
What is a guarantor and who can act?
A guarantor is someone who agrees in writing to cover rent or damages if the tenant cannot pay. Common guarantors are family members or close friends who can demonstrate sufficient income or savings. Landlords usually require a guarantor when a tenant is young, has a limited credit history, or self-employment income that is hard to verify. Tenants should get any guarantor agreement in writing and understand its duration and limits.[3]
What landlords typically check
- Credit and ID checks to confirm the guarantor's reliability.
- Income or payslips to show the guarantor can afford potential payments.
- References or proof of address and sometimes a background check.
Key clauses and legal risks
Guarantor agreements often make the guarantor jointly and severally liable with the tenant, meaning a landlord can pursue either party for unpaid rent or damage. Agreements may be time-limited or run for the full tenancy term; read the wording carefully. If a guarantor signs without a clear cap or end date they may remain responsible after the tenant moves out unless the contract states otherwise.[4]
How guarantors can limit risk
- Agree a capped amount in writing so liability cannot exceed a named figure.
- Put a clear end date or condition (for example, release after 12 months of paid rent) to limit duration.
- Require written confirmation from the landlord when the guarantor is released or when the tenancy changes.
What to do if a guarantor is asked to pay
If a landlord requests payment from a guarantor, the guarantor should ask for a full written breakdown of amounts claimed and copies of invoices or receipts. Pay only what is legitimately owed under the agreement and only after verifying the landlord's evidence. If you believe the claim is unfair, raise the dispute with the landlord in writing, keep copies of all correspondence, and consider applying to the First-tier Tribunal (Property Chamber) to contest the claim or seek a fair resolution.[2]
Alternatives if you cannot provide a guarantor
- Offer a larger refundable deposit (where allowed) to reassure landlords.
- Pay several months' rent in advance to demonstrate affordability.
- Consider rent guarantee insurance where available to replace the need for a personal guarantor.
Official forms and when to use them
There is no single statutory "guarantor form" mandated by law; guarantor obligations are usually written into the tenancy agreement or a separate deed of guarantee. For disputes or enforcement, the following official forms and routes are commonly relevant to tenants and guarantors in Wales:
- Application to the First-tier Tribunal (Property Chamber): use the tribunal application process to resolve rent, deposit or possession disputes; this is the formal route if discussions with your landlord fail.[2]
- Eviction and possession notices and court claim forms: where a landlord seeks possession, official guidance and claim forms are available from GOV.UK; tenants and guarantors should follow the published procedures and deadlines.[5]
- Tenancy deposit adjudication forms: if the dispute concerns a deposit, use the deposit protection scheme's dispute process after checking your tenancy was protected as required.[1]
FAQ
- Can a guarantor be forced to pay immediately?
- If the agreement allows the landlord to call on the guarantor, the guarantor may be asked to pay; however, you should request written proof and can dispute unfair claims with the First-tier Tribunal (Property Chamber).[2]
- How long does guarantor liability usually last?
- Liability lasts for the period stated in the guarantee. If no end date is written, liability may continue for the term required by the agreement, so always seek a clear written release clause.
- Can a guarantor be removed from an agreement?
- Yes, but removal normally requires the landlord's written consent or a formal agreement to vary the tenancy; if refused, consider applying to the tribunal for resolution.[2]
- Are guarantors covered by tenancy deposit protections?
- Deposit protection rules relate to the tenant's deposit; guarantors are not deposit holders but may be liable for deductions if they are responsible for damages or unpaid rent under the guarantee.
How-To
- Read the guarantor agreement carefully to identify any caps, end dates or specific conditions for release.
- Ask the landlord for a written release or variation if circumstances change (for example, the tenant gets a stable income).
- If the landlord refuses a reasonable release, gather evidence and apply to the First-tier Tribunal (Property Chamber) to resolve the dispute.
- Keep copies of all documents, payments and communications to support your position in any dispute or tribunal application.
Key Takeaways
- Get any guarantor agreement in writing with clear limits and dates.
- Keep full records of rent payments, notices and communications from the landlord.
- If a dispute arises, use the First-tier Tribunal (Property Chamber) route after trying to resolve the issue with the landlord.
Help and Support / Resources
- GOV.UK: Tenancy deposits
- First-tier Tribunal (Property Chamber) - apply
- GOV.UK: Evicting tenants - guidance and forms
