Free Tenancy Guarantor Agreement Template

TENANCY GUARANTOR AGREEMENT

Personal Guarantee Of Tenancy Obligations  ·  England And Wales

This Tenancy Guarantor Agreement (this "Agreement") is made on 2026-05-22 between Michael Chen of 8 Oak Drive, Birmingham B15 2TH (the "Guarantor"), Sophie Chen of 42 Maple Avenue, London E5 9BT (the "Tenant") and Bridgewater Lettings Limited of 14 Regent Street, London W1B 5TR (the "Landlord"). This Agreement is a contract of guarantee in writing and signed by the Guarantor in compliance with section 4 of the Statute of Frauds 1677 and, where executed as a deed, with section 4 of the Law of Property (Miscellaneous Provisions) Act 1989. The guaranteed tenancy is an Assured Periodic Tenancy under the Housing Act 1988 as amended by the Renters' Rights Act 2025 in respect of the Property identified below. The parties agree as follows:

In consideration of the Landlord entering into or continuing the tenancy with the Tenant at the Guarantor's request, the Guarantor unconditionally and irrevocably guarantees to the Landlord the due and punctual performance by Sophie Chen of the guaranteed obligations under the tenancy agreement commencing on 2026-06-01 relating to the Property at 42 Maple Avenue, London E5 9BT (the "Property") held as a sole tenancy, including the payment of rent of £1,200.00 per calendar month. The parties acknowledge that the tenancy takes effect as an Assured Periodic Tenancy under the Housing Act 1988 as amended by the Renters' Rights Act 2025 (in force 1 May 2026), and that this guarantee continues for so long as the Tenant remains in occupation under that tenancy and any continuation of it, subject to the duration, scope and statutory limits set out below. The guarantee takes effect as a primary obligation enforceable against the Guarantor as if the Guarantor were the principal obligor, and shall not be discharged by any indulgence, time or waiver granted by the Landlord to the Tenant save as expressly provided by this Agreement or by statute.

The Landlord may enforce this guarantee against the Guarantor on the Tenant's failure to perform any guaranteed obligation. The Guarantor waives any right to require the Landlord first to exhaust remedies against the Tenant or to realise any other security before proceeding against the Guarantor, and acknowledges that this guarantee is enforceable by action in debt or damages in accordance with the ordinary principles of contract law of England and Wales. Subject to clause referring to the death of the Tenant below, the Guarantor's liability shall not be affected by the insolvency or incapacity of the Tenant, nor by any disclaimer by a trustee in bankruptcy or liquidator.

No fee, premium or other consideration is required from the Guarantor for entering into this Agreement other than such permitted payments as are allowed by the Tenant Fees Act 2019. This guarantee is not a regulated agreement under the Consumer Credit Act 1974 because the guaranteed obligations arise under a tenancy rather than an extension of credit. Where the Guarantor contracts as a consumer, this Agreement shall be construed in a manner consistent with the Consumer Rights Act 2015 (including its transparency and fairness provisions in Part 2) and the Unfair Contract Terms Act 1977.

The Guarantor's liability under this Agreement extends to: unpaid rent and damage to the Property beyond fair wear and tear (including reasonable end-of-tenancy cleaning and repair costs, evidenced and itemised). The total aggregate liability of the Guarantor under this Agreement shall not exceed £7,200.00 (equivalent to approximately £7,200.00). The Guarantor acknowledges this cap is a reasonable limit having regard to the Unfair Contract Terms Act 1977 and, where applicable, the Consumer Rights Act 2015.

This guarantee shall remain in force for such period as the tenancy continues, until formally released in writing by the Landlord or until released by operation of law (including, without limitation, under section 19 of the Renters' Rights Act 2025 on the death of the Tenant). The Guarantor remains liable for any obligations accrued during the guarantee period notwithstanding any later expiry or termination. The release anchor for the purpose of computing the end of liability shall be the date on which the Tenant ceases to occupy the Property (or, if earlier, the date specified in a written release served by the Landlord) unless the parties otherwise agree in writing.

The Landlord shall give the Guarantor written notice of any default by the Tenant within 14 days of becoming aware of such default. The Guarantor shall have 14 days from receipt of such notice to remedy the default before formal proceedings are commenced. Notice shall be given in writing to the Guarantor's address set out above (or such other address as the Guarantor may notify in writing) and shall be deemed served in accordance with section 196 of the Law of Property Act 1925 where applicable.

• Death of the Tenant (statutory protection): by section 19 of the Renters' Rights Act 2025 (inserting sections 16N and 16P into the Housing Act 1988), this guarantee is of no effect to the extent that it would otherwise guarantee payment of rent for any period beginning with the death of the Tenant. The statutory protection applies to guarantees entered into on or after 1 May 2026, whether the guarantee is written or oral and whether embedded in the tenancy or in a separate instrument. Where the Guarantor is a family member (as defined in section 16P — including a spouse or civil partner, child, parent or sibling of the Tenant, and their respective partners) of a specific co-tenant, the guarantee is similarly of no effect for rent attributable to that deceased co-tenant. A statutory pro-rata formula applies for any rent period straddling the date of death.

• Joint tenancy proportional liability: where the Tenant is a co-tenant under a joint tenancy and this guarantee is in respect of that co-tenant only, the Guarantor's liability is limited to such proportion of the loss as is attributable to the act or default of the guaranteed co-tenant. The Landlord shall calculate the apportionment fairly and shall provide the Guarantor with an itemised statement on request.

• Material variation: applying Holme v Brunskill (1878) 3 QBD 495 (as approved in Topland Portfolio No.1 Ltd v Smiths News Trading Ltd [2014] EWCA Civ 18), any material variation to the tenancy agreement made without the Guarantor's prior written consent — including any rent increase served under the statutory rent-increase procedure of the Renters' Rights Act 2025 to the extent that it materially increases the guaranteed obligations — shall discharge the Guarantor from any liability for the varied obligations. Renewal tenancies shall not bind the Guarantor unless separately guaranteed in writing.

• Subrogation, indemnity and contribution: following payment of any sum under this guarantee, the Guarantor is entitled to exercise rights of subrogation, indemnity and contribution against the Tenant at common law and under the Civil Liability (Contribution) Act 1978, and may recover sums paid from the Tenant by separate action.

• Preservation of guarantee — general: the Guarantor's obligations shall not be affected by (a) any time or indulgence extended to the Tenant; (b) any change in the constitution, name or ownership of the Landlord or Tenant; (c) any legal limitation, disability or incapacity of the Tenant (other than death — see above); (d) the release, discharge or compromise of any co-guarantor or co-tenant; or (e) any other act or omission which, but for this provision, would reduce, release or prejudice the Guarantor's liability under this guarantee.

• Data protection: the Landlord shall process the Guarantor's personal data only for the purposes of administering this guarantee and enforcing tenancy obligations, and shall comply with the Data Protection Act 2018 as amended by the Data (Use and Access) Act 2025 (SI 2026/82 in force 5 February 2026) and the UK GDPR. The Landlord shall additionally provide the Guarantor with a copy of the Landlord's privacy notice and shall delete the Guarantor's data within 6 years of release from the guarantee unless required to retain for limitation or regulatory purposes.

This Agreement is governed by and construed in accordance with the law of England and Wales. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the courts of England and Wales.

This Agreement constitutes the entire agreement between the parties in respect of the guarantee and supersedes all prior representations or arrangements. No variation shall be effective unless made in writing and signed by all parties (subject to the protections set out above where the Guarantor is concerned). If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. This Agreement may be executed in counterparts, each of which is an original. A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce its terms.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.