If the tenant stops paying, the landlord can ask the guarantor to pay the unpaid rent, plus anything else the guarantee covers, such as damage. In England, any interest on late rent is capped at 3% a year above the Bank of England base rate. You will not get a county court judgment (CCJ) just for being asked. That only happens if the landlord takes you to court and wins.
This guide covers private renting in England. Shelter’s legal guidance on guarantors and the Tenant Fees Act rules below apply to England. Scotland, Wales and Northern Ireland have different rules, so check local advice there.
What the landlord can ask you for
Shelter says a guarantor signs an agreement “to pay the tenant’s rent and other costs to the landlord if the tenant does not pay”. The landlord can ask you to pay “in addition to or instead of pursuing the tenant”.
| Item | Can you be asked for it? |
|---|---|
| Unpaid rent | Yes, if the guarantee covers rent. Most do. |
| Damage to the property | Only if the guarantee mentions damage |
| Interest on late rent | Only if the tenancy allows it, rent is at least 14 days late, and capped at 3% a year above base rate |
| A rent increase that broke the rules | No |
Shelter is clear on the limits. If the agreement “only mentions rent arrears, it does not cover damage to the property”. Your liability “cannot exceed that of the tenant”. And since 1 May 2026, a guarantor “cannot be liable for a rent increase that did not follow the correct process in section 13 Housing Act 1988”.
On interest, the Tenant Fees Act 2019 lets a landlord charge for late rent only after 14 days, at no more than 3% a year above the Bank of England base rate. Shelter says this cap applies to guarantors too. A term charging, say, 10% on any late payment is not allowed.
Steps to take when you are asked to pay
- Read the guarantee and the tenancy agreement. Check what you agreed to cover, for which tenant, and for how long. Ask the landlord for copies if you do not have them.
- Check the figures. Ask for a rent statement showing what was due, what was paid and any interest added.
- Talk to the tenant. They may have proof of payments, or a reason the landlord owes them money. Shelter says that if the tenant wins a claim, for example over disrepair or an unprotected deposit, it “can be set off against arrears and reduce the guarantor’s liability”.
- Talk to the landlord. Explain your position in writing. If you think the guarantee is invalid, say why.
- Offer a payment plan. If you owe the money but cannot pay at once, offer an amount you can afford each month and get it agreed in writing.
- Get free debt advice. GOV.UK points to MoneyHelper’s debt advice locator for free services. Shelter notes that some types of insolvency can write off a guarantee debt, which is a big step to take only with advice.
Court, CCJs and your credit file
Shelter says a guarantee “is not registered on a guarantor’s credit reference file”. Your rating is not hit just because you are asked to pay. The debt is only registered “if a landlord issues a court claim and gets a County Court judgment against the guarantor”.
Before going to court, the landlord must send you a letter of claim under the pre-action protocol for debt claims. If you get a court claim form, respond to it. Shelter warns that otherwise “the court will automatically issue a judgment”. You can admit the claim and offer to pay by instalments, or defend it.
For more on this, read does being a guarantor affect your credit score.
Getting the money back from the tenant
The debt is still the tenant’s. Shelter says the tenant and guarantor are “jointly liable for the debt”, and a landlord can pursue either or both. If you pay, you can ask the tenant to repay you. Put any agreement in writing. If they will not pay, GOV.UK explains that you can apply to a county court “to claim money you’re owed by a person”. It also says mediation “could be quicker and cheaper than going to court”.
The tenant should also act. Citizens Advice says tenants should deal with arrears “as fast as you can” and suggests asking the landlord for a repayment plan.
Worked example (fictional)
Dan (fictional) is guarantor for his nephew’s flat in England. The rent is £1,200 a month (fictional). His guarantee covers rent and damage.
| Item | Amount |
|---|---|
| Three months’ unpaid rent (3 × £1,200) | £3,600 |
| Less part-payment by the tenant | −£500 |
| Rent arrears | £3,100 |
| Damage, with invoice (covered by the guarantee) | £250 |
| Total demanded | £3,350 |
Dan cannot pay £3,350 at once. He offers £335 a month for 10 months (10 × £335 = £3,350), and the landlord agrees in writing. If the guarantee had covered rent only, the £250 for damage would not be his to pay, and the total would be £3,100.
Before you agree to be a guarantor
Use the guarantor affordability calculator to check what income a guarantor typically needs for a given rent. Then ask yourself how many months of missed rent you could cover. Our guide to renting with a guarantor explains the agreement in more detail.
Sources
- Shelter Legal England: Guarantors for tenancy agreements, checked 4 October 2026
- Shelter Legal England: Challenging a tenancy guarantee debt, checked 4 October 2026
- Shelter England: Tenancy agreements, deposits and fees, checked 4 October 2026
- Tenant Fees Act 2019, Schedule 1 paragraph 4 (legislation.gov.uk), checked 4 October 2026
- Citizens Advice: Dealing with rent arrears, checked 4 October 2026
- GOV.UK: Make a court claim for money, checked 4 October 2026
- GOV.UK: Options for paying off your debts, checked 4 October 2026
This guide is general information, not legal or financial advice. Report a possible error.