Guarantors and the Death of a Tenant: What Landlords Need to Know

While these situations don’t arise often, it’s important for landlords to understand the legal and practical implications of guarantors and what happens when a tenant passes away during a tenancy.

The Renters’ Rights Act and its shift to rolling periodic tenancies bring subtle but significant changes to how these matters are handled. Clear understanding protects both landlords and tenants’ families, ensuring sensitive circumstances are managed lawfully and respectfully.

A guarantor is someone who agrees to cover a tenant’s obligations if they fail to do so, typically rent payments, damages, or other breaches of the tenancy agreement.

Guarantors are common when tenants:

• Have limited credit or rental history (e.g., students or first-time renters).

• Are in part-time or variable income employment.

• Are supported by family or sponsors.

The guarantor’s commitment must be set out in writing, ideally as a separate deed of guarantee.

• Written agreement required:

  A verbal assurance isn’t enough. A signed, witnessed guarantor deed clearly outlining the scope of the guarantee is legally essential.

• Joint and several liability:

  The guarantor is liable for the same obligations as the tenant, including unpaid rent, damages, or breaches of the tenancy.

• Ending or renewing the guarantee:

  If a guarantor wishes to end their obligation, they must do so in accordance with the agreement’s terms. In many cases, their liability continues until the tenancy legally ends or a replacement tenancy begins.

The Renters’ Rights Act simplifies and humanises how tenancies and guarantor liabilities are treated after a tenant’s death.

If there is one tenant (sole tenancy):

• The tenancy does not end automatically upon the tenant’s death.

• It becomes part of the tenant’s estate, managed by their executors or administrators.

• Rent remains payable up to:

  • The date of death, plus

  • Any remaining rent for that rent period (for example, the rest of the month).

• The guarantor is not liable for any rent that accrues after the tenant’s death.

If there are joint tenants:

• The tenancy continues for the surviving tenant(s).

• The death of one tenant does not end the tenancy.

• If the deceased tenant had a guarantor who is not a family member, that guarantor remains liable because the tenancy continues.

• If the guarantor is a family member of the deceased tenant, their liability for rent ends on the date of that tenant’s death.

If all joint tenants die:

• The tenancy ends upon the death of the last surviving tenant.

• The guarantor (if any) is released from rent liability from that point onward.

Even though rent liability stops after death, landlords can still claim:

• Any unpaid rent due before the tenant’s death.

• Rent for the remainder of the rent period in which the death occurred.

• Damage or other costs under the tenancy that arose before death (e.g., cleaning, repairs).

These can be recovered from the tenant’s estate or, where applicable, under the guarantee agreement.

This reform brings compassion and clarity. Previously, guarantors could be held responsible for ongoing rent payments long after a tenant’s death, an outcome widely regarded as unfair.

Now, under the Renters’ Rights Act:

• Family-member guarantors are protected from post-death rent liability.

• Landlords can still recover legitimate costs that arose before death.

• Tenancies are managed in an orderly, transparent way through the estate.

• Always use a written guarantor deed. Clearly define the scope of liability.

• In the event of a tenant’s death:

  • Contact the next of kin, executor, or local authority promptly.

  • Confirm the death in writing and obtain a copy of the death certificate if possible.

  • Secure the property respectfully and keep an inventory of belongings.

  • Communicate formally with the estate or executor about rent owed up to the date of death.

• Keep documentation of all communication and actions taken, this may be required if disputes arise.

1. Does a tenancy end automatically when the tenant dies?

No. The tenancy becomes part of the tenant’s estate and continues until ended by notice or possession order.

2. Is the guarantor liable for rent after the tenant’s death?

No, the guarantor’s liability for rent stops after the tenant’s death, except where there are surviving joint tenants and the guarantor is not a family member of the deceased.

3. What about other costs like damage or cleaning?

The guarantor (and the estate) remain liable for any arrears or costs incurred before the tenant’s death.

4. How long does rent remain payable?

Rent is due for the current rent period in which the tenant dies, plus any unpaid arrears.

5. If the guarantor is a family member, are they still liable?

No, family-member guarantors are released from rent liability on the date of the tenant’s death.

6. What if no family or executor is available?

If no next of kin or executor can be identified, the landlord should contact the Public Trustee or local authority housing department for guidance before taking possession.

Under Section 31 and Schedule 1 of the Renters’ Rights Act 2025, guarantor liability for rent ends upon the tenant’s death, except:

• Where the tenancy continues due to surviving joint tenants; or

• Where the guarantor is not a family member of the deceased.

However, guarantors remain liable for rent arrears and other tenancy breaches that occurred before death. This legislative change was introduced to protect guarantors, especially family members. from financial distress during bereavement, while maintaining fairness for landlords.