Guarantor Liability If the Tenant Dies (UK, 2026)

You signed as guarantor for your child’s student house, and no one told you what happens to that signature if the tenant dies.

Does the new rule cover you?

Rent before the death still counts

The Act does not wipe out everything. It removes liability for the part of the rent period after the death, using a day count: the days from the death onward divided by the total days in the period, multiplied by that period’s rent. Rent for later periods drops out entirely (Renters’ Rights Act 2025, s.19). If a landlord’s figure looks higher than that, ask them to show the calculation in writing.

Where we could not confirm things

• How the Act defines the commencement date in section 146 was not readable in the copy we accessed. Shelter gives 1 May 2026.
• Whether a landlord can contract around the rule: we found no anti-avoidance clause in the part we read.
• How the Act defines “family member” was not checked.

None of this replaces advice on a live demand. If a landlord is chasing you after a death, tell them you are taking advice, and keep every letter.

Quick answers to the worries that keep you up

Am I still liable as a guarantor if the tenant dies?

It depends on when you signed. 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 (Shelter). The Renters’ Rights Act 2025 does this through a new section 16N in the Housing Act 1988, which applies where the guarantor became a party to the guarantee on or after the commencement date (Renters’ Rights Act 2025, s.19). For earlier agreements, read your guarantee and get advice.

What does the Act say exactly?

Section 19 inserts sections 16N and 16P into the Housing Act 1988. For a sole tenant, the guarantee is of no effect to the extent it guarantees rent for the period starting with the tenant’s death (Renters’ Rights Act 2025, s.19).

What about rent that fell due before the death?

The Act removes liability for rent attributable to the time after the death, worked out as D divided by T multiplied by R, where D is the days from the death onward in the rent period, T is the total days in that period and R is the rent for the period. Later rent periods are excluded in full (Renters’ Rights Act 2025, s.19). Rent for the time before the death is not covered by this protection.

What if there are several tenants in the house?

The Act covers three cases: all the joint tenants die, the guarantor is a family member of only one tenant and that tenant dies, or the guarantor is a family member of several tenants and all of them die (Renters’ Rights Act 2025, s.19). Shelter puts the joint tenancy limit as: only if the deceased tenant and guarantor are related, or all joint tenants die (Shelter). If a housemate you are not related to dies, the protection does not appear to apply.

Does it matter if the guarantee is not in the tenancy agreement?

No. Section 16P says the provision applies whether or not the guarantee is in writing, whether or not it is in the lease, and whether or not it also guarantees any sum other than rent (Renters’ Rights Act 2025, s.19).

Can the landlord’s paperwork override this?

We did not find an anti-avoidance clause in the part of the Act we could read, so we cannot confirm either way. The Act’s wording is that the guarantee is of no effect to that extent. If a landlord is demanding rent after a death, get advice before paying.

I signed before 1 May 2026. Is there nothing?

The statutory protection applies only to guarantors who became a party on or after the commencement date (Renters’ Rights Act 2025, s.19). Shelter also says to check whether older agreements cover a periodic tenancy, since some cover only the fixed term (Shelter). Your guarantee wording and an adviser matter here.

Where can I get free help?

StepChange offers free, impartial advice on 0800 138 1111 (StepChange). Our know your rights guide covers what collectors can and cannot do if a demand arrives.

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