Guarantors Under the Renters' Rights Act: What Changed (s.16N) and What Did Not
A guarantor's liability now ends when the tenant dies, for guarantees from 1 May 2026. The family-member rule for joint tenants, what is unchanged, and why guarantors matter more now.
The short answer
The Renters’ Rights Act does not stop landlords asking for a guarantor and sets no cap on what a guarantor can guarantee. It does one specific thing: for guarantees given on or after 1 May 2026, a guarantor’s liability for rent ends when the tenant (or the family member they guaranteed) dies.
The new rule, section by section
Section 19 of the Act inserts sections 16N to 16P into the Housing Act 1988. Under s.16N a guarantee “is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the death” of a sole tenant; where there are joint tenants, from the death of the last of them; and where the guarantor is a family member of only one joint tenant, from that person’s death. Rent for the part-period in which the death falls is apportioned (s.16N(6)–(7)).
| Situation | Effect of s.16N |
|---|---|
| Sole tenant dies | Guarantee ends for rent from the date of death |
| Joint tenants; all die | Guarantee ends from the last death |
| Guarantor is a family member of one joint tenant, who dies | That guarantor’s liability ends from that death; other tenants’ positions unchanged |
| Guarantor is family to several joint tenants | Ends once all of those family members have died |
| Rent arrears that arose before the death | Not released by s.16N — the section is about rent for the period after death |
“Family member” is drawn widely (s.16P): spouse, civil partner or cohabitee; children, grandchildren, parents, grandparents, siblings, nieces and nephews, aunts and uncles and cousins — of the guarantor or of their spouse or partner.
What the Act does not do
- It does not require a guarantor, ban one, or limit how many a landlord may ask for.
- It does not cap a guarantor’s liability during the tenant’s life; that remains a matter for the wording of the guarantee.
- It applies to guarantees entered into on or after 1 May 2026; older guarantees are governed by their own terms.
Why guarantors matter more now
With rent in advance limited to the first 28 days, a guarantor is one of the remaining ways to let to a tenant whose income or history does not pass referencing on its own. A guarantee that survives the tenant’s death is no longer something a landlord can write into the document, so rent-guarantee insurance is the usual companion. Insurance premiums are an allowable expense (is landlord insurance deductible?).
Sources, read 5 September 2026: Renters’ Rights Act 2025 s.19 (guarantor liability after death) · Written information guidance (MHCLG PDF). England only; Scotland and Wales have separate tenancy law. General information, not legal advice — for a live dispute, speak to a solicitor, Shelter or your council’s housing team.
Quick answers
Yes. The Act neither requires nor bans guarantors and sets no cap on their number or liability during the tenant's life.
For guarantees given on or after 1 May 2026, liability for rent ends from the date the tenant dies (or, for joint tenants, from the relevant death under s.16N).
Section 16N releases rent for the period beginning with the death; it does not release amounts already due before it.
Spouse or partner, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles and cousins — of the guarantor or their spouse or partner (s.16P).
Sources
The primary documents this page is built from. Links checked 5 September 2026.
- Renters' Rights Act 2025 s.19 — guarantors — legislation.gov.uk
- Written information that must be given to tenants: guidance for landlords (PDF) — GOV.UK / MHCLG