Before 1 May 2026, a landlord unsure about a tenant had a simple tool. No UK credit history, self-employed, relocating from abroad: ask for six months upfront and skip the guarantor conversation entirely. That tool has gone. The risk it was managing hasn't. So guarantors are doing more work than they used to. And GOV.UK has a warning most landlords haven't acted on.

Scope: England, private rented sector. Housing is devolved and the rules differ elsewhere in the UK.

Why the Tool Disappeared

Two provisions work together. Section 9 stops a landlord or agent inviting, encouraging or accepting any rent payment before the tenancy agreement is signed. Section 8 renders any tenancy term requiring rent in advance during the tenancy of no legal effect.

The practical result is that large upfront demands are gone. But the rule has three stages, and they're different.

1. Before the tenancy is entered into, you cannot require or accept rent at all.

2. After signing but before the tenancy begins, you can require only the initial rent period, generally up to one month.

3. Once the tenancy starts, terms requiring rent ahead of its agreed due date are unenforceable.

You can't route around it either. Escrow and third-party payments don't work, and rent periods must be monthly or no more than 28 days. Where a tenant paid in advance before 1 May 2026, that money hasn't needed repaying, unless the tenant serves notice to quit and there's pre-paid rent covering days after the tenancy ends.

Voluntary Payment, Precisely

Once the agreement has been entered into, nothing stops a tenant choosing to pay ahead of the due date. What the landlord cannot do is require it, or build the rent periods around large upfront payments. The line is between a tenant paying early and a landlord designing early payment into the arrangement. The first is fine. The second isn't, however it's dressed.

Guarantors Are Still Allowed

A guarantor arrangement doesn't fall foul of any of this, because the liability arises on default during the tenancy rather than as an upfront payment.

GOV.UK puts it plainly: you can ask a tenant to provide a suitable rent guarantor as a condition of granting the tenancy. So you can combine the permitted initial payment with a guarantor requirement on the same tenancy.

GOV.UK Wants You to Review Your Existing Agreements

This is the instruction most landlords have missed. GOV.UK advises landlords to review guarantor agreements entered into before 1 May 2026, because the tenancy reforms may affect them, and to obtain guarantor consent where variations may be required.

That's worth pausing on. Every assured tenancy became periodic on 1 May. The fixed-term model your guarantee deed was probably written around no longer exists.

Whether any particular deed still binds the guarantor depends on its wording and the circumstances, which is a question for a solicitor rather than a blog. But the government has told you to look, and looking costs nothing.

Add to that a general point from Shelter's guidance: a new tenancy agreement or a rent increase can affect whether a guarantor remains responsible for rent. That bites harder now that rent increases run annually through Section 13 with no renewal moment at which the guarantee gets refreshed.

If you take one action from this article, it's this one. Pull the deeds, read the wording, and take advice on anything that only ever contemplated a fixed term.

What Happens if the Tenant Dies

Section 19 of the Act, applying to guarantees entered into on or after 1 May 2026.

Where the guarantor became party to the guarantee on or after that date, the guarantee is of no effect to the extent that it guarantees rent for the period beginning with the tenant's death.

Single tenant. All guarantors are released from rent liability on the date of death, whatever their relationship to the deceased.

Joint tenancies. Where the guarantor isn't a family member of the deceased, the guarantee continues for rent. Where the deceased is a family member of the guarantor, the statutory protection applies.

What survives. Section 19 limits liability for rent after death. It doesn't by itself remove liability for other sums the guarantee covers, such as qualifying costs or losses arising before death.

The definition is broad. A guarantee agreement means a contractual promise, whether in the tenancy agreement or recorded separately, to indemnify or compensate in respect of an obligation under the tenancy.

The Discrimination Trap

Here's where guarantor policy most often goes wrong.

Since 1 May 2026, landlords and agents must not take steps intended to make someone less likely to enter a tenancy because they have children or receive benefits. GOV.UK's guidance addresses guarantors head on.

Requiring a guarantor from all prospective tenants is permissible. Applying the requirement selectively is not. The government's own worked example: a landlord accepts an applicant in principle, can't secure rent guarantee insurance because the insurer wants benefit recipients to meet a higher income threshold or provide a guarantor, and rejects the applicant. That's a breach.

Four things follow. A landlord may require a guarantor from all prospective tenants. Requiring one only in practice from benefit recipients can amount to discrimination. The landlord cannot rely on the preferred insurer's restrictive terms. And the existence of higher-cost alternative products doesn't make the discriminatory treatment legitimate.

The guidance also confirms benefit income must be included in affordability assessments the same way as any other income.

So: a policy, applied uniformly, written down. Not a request you make when something about an applicant makes you uneasy. Our guide to rental discrimination for letting agents covers the wider rules.

You Cannot Charge the Guarantor

Easily missed, and expensive. The Tenant Fees Act 2019 treats people guaranteeing rent as "relevant persons", and prohibits requiring them to make prohibited payments in connection with the tenancy.

A first breach carries a penalty of up to £5,000. A repeat within five years becomes a criminal offence punishable by an unlimited fine. So you cannot require the guarantor to pay a referencing or credit-check fee as a condition of the tenancy.

When There's No UK Guarantor Available

Two routes, and they aren't equivalent.

1. Commercial guarantor services. The tenant pays a fee to a company, which guarantees rent to the landlord, typically covering arrears, damage and eviction costs up to an agreed cap.

2. Council and charity schemes. Some local authorities and charities provide help with rent in advance and a deposit, and act as a guarantor covering unpaid rent or damage up to a set amount. Shelter describes these as the better option, being run by councils and charities rather than commercial businesses.

Several universities run their own schemes or partner with providers at discounted rates.

Before accepting any of them, check three things: what's actually covered, how the claims process works, and whether the provider is solvent. You're substituting a company's covenant for an individual's, and the company is what you'd be chasing.

Referencing agencies commonly apply an income multiple when assessing a guarantor, though thresholds vary. Check what yours requires rather than assuming a standard figure.

The Segment This Hits Hardest

International students. Landlords used to ask for rent in advance where a student had no UK guarantor or UK assets, precisely because arrears left behind by someone who has gone home are close to unrecoverable.

That route is closed as a requirement a landlord can impose, and a UK-based guarantor isn't always straightforward for students arriving from abroad.

The consequence is that guarantor arrangements need settling earlier in the process than they used to, when rent in advance could resolve the question late. Build the conversation in rather than leaving it to the end.

Students also sometimes prefer to pay termly to match their funding. That can't go into the agreement, because rent periods must be monthly or no more than 28 days.

What a Compliant Policy Looks Like

Written, and applied to everyone. Not "we ask when we're unsure." Consistent criteria for the guarantor themselves, applied the same way each time. All income counted equally, including benefits, when deciding whether a guarantor is needed at all. No required charges to the guarantor, including referencing and credit-check fees.

Documented decisions, on grounds unconnected to children or benefits. An insurance policy that matches your policy. If they conflict, one has to change. Structured leasing and application records holding criteria, correspondence and decisions against each applicant turn that policy into something you can evidence rather than assert.

Conclusion

The rent-in-advance restrictions fixed a real problem for tenants and took away the tool landlords used to manage uncertainty, without putting anything in its place. Guarantors are one of the main remaining answers, and asking for one is expressly permitted.

But two things need attention. GOV.UK has told landlords to review guarantor agreements made before May, and that's an instruction worth following rather than filing. And the requirement has to be a policy applied to everyone, because asking selectively can amount to discrimination and your insurer's terms won't justify it. Neither takes long. Both are cheaper than finding out later.

Frequently Asked Questions

1. Can I still ask for a guarantor in England?
Yes. GOV.UK confirms you can ask a tenant to provide a suitable rent guarantor as a condition of granting the tenancy. A guarantor arrangement doesn't breach the rent-in-advance rules, because liability is triggered by default during the tenancy.

2. Do I need to do anything about my existing guarantee agreements?
GOV.UK advises landlords to review guarantor agreements entered into before 1 May 2026, because the tenancy reforms may affect them, and to obtain guarantor consent where variations may be required. Whether any particular agreement remains effective depends on its wording and the circumstances, so take advice.

3. What happens to a guarantor if the tenant dies?
For guarantees entered into on or after 1 May 2026, Section 19 limits the guarantor's liability for rent after the tenant's death. With a single tenant, all guarantors are released from rent liability regardless of relationship. In joint tenancies, where the guarantor isn't a family member of the deceased, the guarantee continues for rent. Section 19 doesn't by itself remove liability for other sums covered by the guarantee.

4. Can I ask for a guarantor only from tenants on benefits?
No. That can amount to discrimination. You may require a guarantor from all prospective tenants, but requiring one only in practice from benefit recipients is unlawful, and you cannot rely on an insurer's restrictive terms to justify it.

5. Can I charge the guarantor for referencing?
No. The Tenant Fees Act 2019 treats guarantors as relevant persons and prohibits requiring them to make prohibited payments in connection with the tenancy. A first breach carries a penalty of up to £5,000.

Important Notice

This article applies to England only. Housing law is devolved and the rules differ elsewhere in the UK. Information was checked against the Renters' Rights Act 2025 and GOV.UK guidance available as at 7 September 2026. Section 19 applies to guarantees entered into on or after 1 May 2026. Whether a particular guarantee agreement remains effective depends on its wording and the circumstances. Always check the current position on GOV.UK and take advice before drafting or relying on a guarantee agreement.

This content is general information only and does not constitute legal advice. RIOO is not a law firm. Guarantee agreements create enforceable obligations for third parties and should be drafted or reviewed by a qualified adviser.