A guarantee is a separate legal commitment. It needs careful drafting and execution, particularly where the tenancy may change or the guarantor lives outside the jurisdiction.
Define what is covered
- Identify the tenant, landlord, property, rent and obligations clearly.
- Check any financial cap, duration, demand procedure and treatment of joint tenants.
- Avoid assuming that a broad phrase automatically covers every future increase, replacement tenant or new agreement.
Complete the formalities
- Give the guarantor the relevant documents in time to understand the commitment and seek independent advice.
- Follow the required signature, witnessing or other execution process for the agreement.
- Verify identity proportionately and retain the completed document securely.
Review later changes
- Check the effect of a rent increase, tenancy variation, replacement or ownership change before relying on continuing cover.
- Obtain any necessary fresh consent or document through the proper process.
- Keep the original and amended versions so the period of cover can be established.
Example: the guarantee names the wrong company
A fictional tenancy is granted by one company but the guarantee names its director personally as landlord. Resolve the discrepancy before signing or relying on the guarantee. Similar names do not make the parties legally interchangeable.
What to do
- Use an agreement reviewed for the country's tenancy arrangements.
- Verify the parties and required signing formalities.
- Keep the executed version and review it before material changes.
Evidence to keep
- Final guarantee, relevant tenancy agreement and execution evidence.
- Information provided to the guarantor and later variations.
Sources and guidance
- Assured periodic tenancies: landlord guideUK Government · checked 20 October 2026
- Standard occupation contracts: guidance on the termsWelsh Government · checked 20 October 2026
- Being a private landlordScottish Government · checked 20 October 2026
- Pre-action protocol for debt claimsMinistry of Justice · checked 20 October 2026