What a Compliant Tenancy Guarantor Agreement Must Include (England, 2026)

A guarantor agreement template England landlords can actually rely on has to do far more than fill in a few names, and a generic free download usually will not cut it. To be enforceable, a guarantee must be in writing, executed correctly, cover the right liabilities, and survive the move to rolling periodic tenancies under the Renters’ Rights Act 2025. Get any of those wrong and a court may refuse to enforce it, leaving you with an empty promise and an arrears bill you cannot recover.

This guide explains what a 2026, Renters’ Rights Act-compliant guarantor agreement must contain, gives you a free template structure to adapt, walks through a worked example, and flags the mistakes that quietly make guarantees worthless. The Renters’ Rights Act 2025 (in force from 1 May 2026) did not abolish guarantors, but it reshaped every tenancy in England, and that has direct knock-on effects for how a guarantee should be drafted.

Why a guarantor agreement template for England must be 2026-current

Under the Renters’ Rights Act 2025, there are no more fixed-term assured shorthold tenancies. Every assured tenancy is now periodic and rolling, it continues from period to period until the tenant ends it on two months’ notice or the landlord obtains possession on a Section 8 ground. Section 21 “no-fault” eviction is abolished, and there is no longer a “fixed term” for a guarantee to be anchored to.

Most free guarantor templates online were drafted for the old world. They say things like “for the duration of the fixed term” or “until the end of the tenancy agreement dated…”. Against a rolling periodic tenancy with no fixed end date, that wording is ambiguous at best and unenforceable at worst. Because guarantees are construed strictly against the person relying on them (here, the landlord), any ambiguity about duration tends to be read in the guarantor’s favour.

A 2026-ready guarantor agreement template for England therefore needs to:

• Reference a periodic assured tenancy, not a fixed-term AST.
• Make clear the guarantee continues for as long as the tenancy continues, including statutory periodic continuation, and is not discharged simply because the tenancy “rolls on”.
• Avoid banned or unfair terms, for example, you cannot use a guarantee to claw back a prohibited payment under the Tenant Fees Act 2019.
• Identify the property and tenant precisely, so it is obvious which obligations are being backed.

If you are unsure how the rolling periodic model works, read our explainer on what is a periodic tenancy in England before you draft anything.

What the RRA did and did not change for guarantors

It helps to be precise, because there is a lot of misinformation circulating. The Renters’ Rights Act 2025:

• Did not ban guarantors, cap how much a guarantor can be liable for, or require a guarantor’s liability to end when a joint tenant leaves.
• Did abolish fixed terms, so a guarantee can no longer be tied to a defined end date.
• Did preserve the Tenant Fees Act 2019 framework, so a guarantee still cannot be used to recover sums that would be prohibited payments.

The core law of guarantees, the Statute of Frauds 1677, ordinary contract and deeds law, is unchanged. What has changed is the factual matrix the guarantee operates in, and that is exactly why old templates are dangerous.

What a valid deed of guarantee must include

A guarantee is a promise to answer for another person’s debt or default. To be enforceable in England it must satisfy section 4 of the Statute of Frauds 1677: it must be in writing and signed by the guarantor (or their authorised agent). Verbal guarantees are not enforceable, no matter how clearly they were given. Beyond that legal minimum, a robust agreement should contain the following.

Core clauses

• Parties, full legal names and current addresses of the landlord, the tenant(s) and the guarantor. A guarantor cannot back a tenant who is not clearly identified.
• The tenancy, identifies the property and the tenancy agreement the guarantee supports, described as a periodic assured tenancy.
• What is guaranteed, typically rent arrears, damage beyond fair wear and tear, and the tenant’s other monetary obligations under the tenancy. Define the scope clearly: a vague phrase like “all liabilities” is read narrowly against you.
• Duration, states the guarantee covers the whole period the tenant occupies under the tenancy, including any statutory periodic continuation, and survives the tenancy becoming or remaining periodic.
• Joint and several liability, confirms the guarantor can be pursued for the full sum, not just a notional share.
• Demand and notice, how and where the landlord notifies the guarantor of a default, and that the landlord need not sue the tenant first.
• Indulgence / variation clause, provides that giving the tenant time to pay, or agreeing a payment plan, does not release the guarantor.
• Execution, signature, date, and (if executed as a deed) an attesting witness.

Deed vs simple contract

Many landlords execute the guarantee as a deed. This matters for two reasons. First, a deed does not require “consideration” (something of value passing to the guarantor) to be binding, which removes a common reason guarantees fail. Second, a deed gives a longer limitation period: 12 years to bring a claim, rather than 6 for a simple contract. A deed must be signed by the guarantor in the presence of an independent witness, who then signs and adds their name and address.

The single most important practical rule: the guarantor should sign before the tenancy begins. If a simple-contract guarantee is signed after the tenant has already moved in, there may be no consideration for the guarantor’s promise, and the whole thing can collapse. Executing it as a deed sidesteps that specific risk, but signing up-front, as a deed, is still best practice and the belt-and-braces approach.

How much should a guarantor be on the hook for?

There is no statutory cap on guarantor liability in the private rented sector. In practice you have two sensible options:

1. Unlimited / full liability for all the tenant’s monetary obligations under the tenancy. This gives you the most protection but may put off some guarantors.
2. A capped figure, for example, six months’ rent. A cap can make a guarantor more willing to sign, and a reasonable, clearly-stated cap is easier to defend than an open-ended figure a guarantor later claims they never understood.

Whichever you choose, state it explicitly and unambiguously. The cap should be a clear monetary figure or a clear formula, not a phrase that invites argument.

Free guarantor agreement template (structure)

You can adapt the skeleton below. This is a structure, not legal advice, have it checked for your circumstances and your specific tenancy before you rely on it.

DEED OF GUARANTEE

This deed is made on [date]

BETWEEN
(1) [Landlord full name] of [address] ("the Landlord")
(2) [Guarantor full name] of [address] ("the Guarantor")

IN RESPECT OF the periodic assured tenancy of [property address]
granted to [Tenant name(s)] ("the Tenant") ("the Tenancy").

THE GUARANTOR AGREES:
1. To pay the Landlord on demand all rent and other sums lawfully due
   under the Tenancy that the Tenant fails to pay.
2. To compensate the Landlord for loss or damage caused by the Tenant's
   breach of the Tenancy (beyond fair wear and tear).
3. That this guarantee continues for as long as the Tenant occupies the
   property under the Tenancy, including any periodic continuation, and
   is not discharged by the Tenancy continuing as a periodic tenancy.
4. That the Guarantor's liability is joint and several with the Tenant.
5. That the Landlord need not pursue the Tenant first before claiming
   against the Guarantor.
6. That any time, indulgence or payment arrangement the Landlord gives
   the Tenant does not release or reduce the Guarantor's liability.
7. That the Guarantor's total liability under this deed [is unlimited /
   shall not exceed £______].

EXECUTED AS A DEED by the Guarantor:
Signature: ____________________  Date: __________
In the presence of:
Witness signature: ____________  Name: __________  Address: __________

Adjust the wording to your situation, and never use a guarantee to recover anything that would be a prohibited payment under the Tenant Fees Act 2019. If you would like a fuller clause-by-clause breakdown of what belongs in the agreement, see our companion guide on a guarantor agreement for tenants: what to include.

A worked example

Consider a realistic scenario.

The let. Priya lets a two-bedroom flat in Leeds at £1,100 per month on a periodic assured tenancy to Sam, a recent graduate starting a first job. Sam passes affordability on paper only with help, so Priya asks for a guarantor. Sam’s father, David, agrees.

The guarantee. Before Sam signs the tenancy and collects the keys, David signs a deed of guarantee witnessed by a neighbour. It says David guarantees all rent and other sums due under the tenancy, on a joint-and-several basis, that the guarantee continues for as long as Sam occupies under the tenancy including any periodic continuation, and caps David’s total liability at £6,600 (six months’ rent).

The default. Fourteen months in, Sam loses his job and falls three months into arrears, £3,300. Priya agrees an informal repayment plan with Sam, which fails. She then writes to David demanding payment. Because the deed says indulgence to the tenant does not release the guarantor, and that she need not sue Sam first, Priya can pursue David directly for the £3,300, which is within his £6,600 cap.

Now contrast the same facts with a bad template. Suppose David had instead signed a downloaded form that said he guaranteed the tenancy “for the duration of the fixed term”, was a simple contract (no witness), and was signed two weeks after Sam moved in. David could plausibly argue (a) there was no consideration for his promise because he signed after the tenancy started, and (b) the tenancy has no “fixed term” to which the guarantee attaches. Priya would be litigating uphill to recover anything. Same family, same goodwill, completely different outcome, purely because of how the document was drafted and executed.

Common mistakes that void a guarantee

• Signing after move-in on a simple contract (no consideration). Sign before the tenancy, or execute as a deed.
• No witness on a deed. A deed without an attesting independent witness is not validly executed.
• Fixed-term wording that does not survive the tenancy being periodic, a real risk under the RRA 2025 model where there is no fixed term at all.
• Vague scope or a badly drafted cap, leaving liability so unclear a court reads it narrowly against you (guarantees are construed against the person relying on them).
• No indulgence clause, so the moment you give the tenant time to pay you arguably release the guarantor.
• Using the guarantee to recover a prohibited payment under the Tenant Fees Act 2019, or stacking a guarantor demand on top of fees that breach the Act’s caps.
• Losing the executed original. Keep the signed deed safe and dated; a guarantee you cannot produce is one you cannot enforce.

Guarantor or another form of protection?

A guarantor is most justified where the tenant cannot independently evidence affordability, students, first-time renters, those new to the UK, the self-employed with variable income, or applicants who fall short on referencing. It is not the only tool. Rent guarantee insurance can play a similar role, and there are paid guarantor services that step in where a tenant has no suitable individual to ask.

For the decision and the alternatives, see:

• Do I need a guarantor for my tenancy?
• What is a tenancy guarantor?
• Guarantor or rent guarantee insurance?
• Guarantor services vs a personal guarantor

For the underlying law, the Statute of Frauds 1677 and general contract and deeds principles apply; deposit and fee rules sit in the Tenant Fees Act 2019 and the Housing Act 2004 (deposit protection). Always check current guidance on GOV.UK and the text on legislation.gov.uk.

Frequently asked questions

Is a guarantor agreement still valid now that there are no fixed-term tenancies?

Yes, provided it is drafted for the new model. The guarantee should reference a periodic assured tenancy and state expressly that it continues for as long as the tenant occupies under the tenancy, including any periodic continuation. The problem with old templates is that they tie the guarantee to a “fixed term” that no longer exists, which creates ambiguity a guarantor can exploit.

Does the guarantor have to sign before the tenancy starts?

For a simple-contract guarantee, effectively yes, if it is signed after the tenant has moved in there may be no consideration, and it can fail. Executing the guarantee as a deed removes the consideration requirement, but the safest practice is still to have the guarantor sign, as a deed, before the tenancy begins and before keys are handed over.

Can a landlord require a guarantor and a deposit and a holding deposit?

You can ask for a guarantor in addition to a tenancy deposit and a holding deposit, but the deposit and holding deposit must stay within the Tenant Fees Act 2019 caps (broadly five weeks’ rent for the deposit where annual rent is under £50,000, and a maximum of one week’s rent for the holding deposit). A guarantee cannot be used as a back door to recover sums that would be prohibited payments.

How long is a guarantor liable for?

For the period your agreement says, properly drafted to track the tenancy’s life. The guarantor’s liability can be pursued for as long as the relevant limitation period allows, 6 years for a simple contract, 12 years for a deed, running from the relevant default. A clear cap on the total sum, if you choose to include one, also limits exposure.

Does the guarantee need to be witnessed?

Only if it is executed as a deed, then yes, the guarantor’s signature must be witnessed by an independent person who also signs and gives their name and address. A simple-contract guarantee does not need a witness, but it does need consideration, which is why deeds are often preferred.

Can I reuse the same guarantor agreement for a renewal or a new tenant?

No. Treat each guarantee as specific to the tenant, property and tenancy it names. If a new tenant joins, or you grant a fresh tenancy, you should put a fresh, correctly executed guarantee in place rather than relying on a document drafted for a different arrangement.

Coming soon

Tenancy Pilot is launching soon, and our document suite will include a guided guarantor agreement builder that produces a tailored, RRA-compliant deed of guarantee for your tenancy, with the correct periodic wording, joint-and-several liability, an indulgence clause, an optional liability cap, and an execution block ready for witnessing and e-signing. No outdated fixed-term language, no guessing at the clauses, and a clear audit trail of who signed what and when.

Want it the moment it goes live? Join the waitlist to be first to generate a compliant guarantor agreement at launch.

This article is general information, not legal advice. Guarantee law is technical and the consequences of getting it wrong are significant. Always check the current position on GOV.UK and legislation.gov.uk, and consult a qualified solicitor before relying on any guarantor agreement.