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Is a Guarantor Liable for the Whole Rent on a Joint Tenancy?

Often, yes. On a joint tenancy every tenant is responsible for the whole rent, so a guarantor can be liable for the whole rent too, unless the guarantee limits you to one tenant’s share. With four sharers paying £2,400 a month, that is the difference between £600 and £2,400 a month (fictional figures).

This guide covers private renting in England. Shelter’s guidance on joint tenancies and guarantors applies to England. Scotland, Wales and Northern Ireland have different tenancy laws, so check local advice there.

How joint tenancies work

You probably have a joint tenancy if you all signed the same agreement, or if the agreement lists the other tenants’ names with yours. Shelter says joint tenants are “all responsible for the whole rent even if you pay different amounts”. Your agreement might call this “joint and several liability”.

GOV.UK says the same: if more than one tenant signs the same agreement, “you and all other joint tenants will be responsible for the rent”.

Citizens Advice adds that if someone on a joint tenancy does not pay their arrears, “you and anyone else on the tenancy agreement will probably have to pay for them”.

In practice, sharers split the rent between them. But Shelter says the landlord “can ask you to pay more if other joint tenants do not pay their share”. Shelter gives the example of three tenants paying £400 each towards £1,200. When one moves out and stops paying, the landlord can ask the other two for the full £1,200.

For more on that situation, read housemate moving out: who pays the rent?

Where the guarantor fits in

A guarantor’s liability “cannot exceed that of the tenant”, Shelter says. On a joint tenancy, the tenant you are backing is liable for the whole rent. So unless your guarantee says otherwise, you can be asked for the whole rent too.

Shelter Legal lists “acts by other tenants in a shared house” among the things a guarantee could cover. Shelter’s tenant advice also says: “Check the guarantor agreement to see what you are responsible for if you are a guarantor for a joint tenant.”

The key questions when you read the guarantee:

  • Does it name one tenant, or all the tenants?
  • Does it cover “the rent” under the tenancy, or a stated share or amount?
  • Does it mention damage, and whose damage?
  • Is there a cap on the total you can be asked for?

Asking for a capped or share-only guarantee

Shelter says a guarantee “only covers liabilities specified in the guarantee agreement”. That means the wording is where you can limit your risk. Before you sign, you can ask the landlord or agent for:

  • A share-only guarantee that covers only your tenant’s share of the rent, for example £600 of £2,400.
  • A cash cap, such as a maximum total amount you can ever be asked to pay.
  • A time limit, so the guarantee ends on a set date. Shelter notes a guarantor “has no right to end the tenancy”, so it suggests considering an agreement “for a specific period of time”.

The landlord does not have to agree. Shelter says a landlord “is entitled to ask for a guarantor before letting the property”. If they refuse to limit the guarantee, you can decide whether the risk is one you can carry. Get any change in writing in the guarantee itself, not just in an email from the agent.

Shelter also warns about joint guarantors. If one guarantee names more than one guarantor, all must sign it. If they do not, it is not binding on any of them.

Worked example (fictional)

Four friends (fictional) share a house on one joint tenancy. The rent is £2,400 a month. They each pay a quarter. Mia’s mum is her guarantor.

Figure Share-only guarantee Whole-rent guarantee
Monthly exposure £600 (£2,400 ÷ 4) £2,400
Over 12 months £7,200 £28,800
Two housemates miss 3 months; Mia pays her share £0 £3,600 (2 × £600 × 3)

Mia pays her £600 every month. Two of her housemates stop paying for three months. With a whole-rent guarantee, the landlord can ask Mia’s mum for £3,600, even though Mia did nothing wrong. With a share-only guarantee covering Mia’s £600, her mum owes nothing, because Mia’s share was paid.

Check what the guarantor needs to earn

If an agent checks the guarantor’s income against the rent being guaranteed, a whole-rent guarantee means a much higher bar than a share-only one. Use the guarantor affordability calculator to compare the income needed for one share against the full rent. Our guides to how much income a rent guarantor needs and renting with a guarantor explain more.

Sources

This guide is general information, not legal or financial advice. Report a possible error.