So far as guarantors are concerned, the guarantee will definitely end if any aspect of the tenancy changes, for example if the rent goes up (because the guarantee the guarantor signed was on a different basis).

Other than that it depends on how the guarantee deed was drafted. If a gurantor only wants to guarantee for a specific period of time (ie the duration of the fixed term and no more) he should ideally request that the guarantee say this.

However once the guarantee is signed and the tenant has moved in, the guarantor cannot end the agreement unless the landlord agrees. After all, the landlord may have only agreed to take on the tenant on the basis that there is a guarantee in place, so the guarantor cannot agree to the guarantee and then withdraw once the tenant is in situ!

Having two sons away at University I am pleased to see that at least you are trying to add a little variety to the process. I’m fed-up of draconian rental agreements that run from one blue-moon to the next etc. But I’m particularly concerned by these ‘guarantor’ documents and clauses that seem to litter most agreements. What protection is there for hapless guarantors who, when the tenants have established their bona-fides with the landlord, wish to withdraw from that part of any agreement.

I’m particularly keen to understand if they can simply run indefinitely or can I issue reasonable notice??

Best wishes and great blog!

P¬)