This is a question to the blog clinic from Jane who is a tenant in England.
I had a tenancy agreement when I first moved in but it has ran out and my landlord hasn’t bothered to renew it what I’m wondering is I have a guarantor is she still liable for rent if I was in arrears?
Answer
When a fixed term ends, and the tenant remains in occupation, the tenant will acquire a periodic tenancy. This will either be under s5 of the Housing Act 1988, when it is called a statutory periodic tenancy. Or the periodic tenancy will be provided for in the tenancy agreement, in which case it is called a contractual periodic tenancy.
Periodic tenancies will have the same terms and conditions as the previous fixed-term tenancy.
When the Renters Rights Bill comes into force, this will all change, though, as fixed terms will be abolished, and all tenants will have periodic tenancies.
So far as the guarantee is concerned, it will depend on what the agreement says. So you or the guarantor need to read it. But in most cases, it will continue after the end of the fixed term.
The main reason why guarantees end (other than the tenancy ending) is the rent going up. I discuss this here.