Guarantor 6-Month Rule: Section 17 Notice Explained

Your daughter left that student house eighteen months ago, someone else took her room, and now a letter is chasing you for rent.

Which situation are you in?

What section 17 actually says

On the official text, the landlord must serve the notice within six months of the charge becoming due. It must state that the charge is due and the amount, and any interest, the landlord intends to recover. A fixed charge includes rent and service charges. Once a proper notice is served, the amount recoverable is capped at the figure in the notice, unless the liability is later found to be greater, the first notice warned of that, and a further notice follows within three months (legislation.gov.uk). One detail matters: the protection for a former tenant who guaranteed their assignee applies only to a “new tenancy”, while the protection for a former tenant who simply remains bound applies to any tenancy.

We have read the section, not the case law, and we are not solicitors. A letter that follows these rules may still be valid, so do not rely on this page alone.

Read your own guarantee first

1. Does it say “under this tenancy” with no end date? Citizens Advice says that wording is generally open-ended (Citizens Advice).
2. Does it cover all the rent, or only your child’s share? Shelter suggests checking this (Shelter).
3. Was it signed before or after 1 May 2026? Shelter says the date matters for periodic tenancies and for a tenant’s death.
4. Did the tenancy change, with a rent increase or a new agreement, without your written consent?

What readers often ask

What is the 6-month rule for guarantors?

It comes from section 17 of the Landlord and Tenant (Covenants) Act 1995. Where it applies, a landlord must serve the guarantor of a former tenant a notice within six months of a fixed charge, such as rent, becoming due. The notice must say the charge is due and state the amount and any interest the landlord intends to recover (legislation.gov.uk).

Does my guarantee end six months after my child leaves?

No rule we found says that. Citizens Advice says many guarantees are open-ended, and liability generally ends only when the tenancy is legally ended by a valid notice to quit served by the tenant, a mutual surrender, or a court possession order. Moving out alone is not on that list (Citizens Advice). Check your own guarantee form, because the wording decides.

Does section 17 only apply to shops and offices?

The section’s wording does not mention commercial property (legislation.gov.uk), and most articles about it are written for commercial leases. Whether it helps in a student house depends on whether the tenancy was assigned to someone else, which a solicitor or adviser needs to read from your documents.

What counts as an assignment?

Section 17(1) covers a former tenant who is no longer the tenant because of an assignment (legislation.gov.uk). An assignment means the tenancy itself passes to someone else. A new tenancy agreement or a surrender is a different thing, and Shelter says a new tenancy agreement can end a guarantor’s responsibility unless the guarantor agrees to it or the agreement says it survives (Shelter).

Can a landlord chase me for all the rent in a joint tenancy?

Possibly. Citizens Advice says the guarantee often applies to all the rent, not just your child’s share. Shelter says each joint tenant is jointly and severally liable for the full rent, and suggests checking for wording that limits the guarantor to the guaranteed person’s share (Citizens Advice, Shelter).

What if I never get a notice and the landlord chases me later?

If section 17 applies to your situation, the notice is a condition of recovering the charge from a former tenant’s guarantor (legislation.gov.uk). If it does not apply, other rules decide. Do not ignore a demand: get your guarantee form and tenancy agreement and speak to an adviser. Our know your rights guide covers what chasers can do.

Is there a different rule if the tenant has died?

Yes. Shelter says that for private assured tenancies with guarantor agreements signed on or after 1 May 2026, the guarantor is not responsible for unpaid rent after the tenant’s death, with limits for joint tenancies (Shelter). We cover that in our guide on guarantors and a tenant’s death.

Where can I get free help with a guarantor demand?

StepChange offers free, impartial advice on 0800 138 1111 (StepChange). Citizens Advice can also help read a guarantee agreement.

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