Guarantor liability for co-tenants rent

The short answer

Whether your guarantor can be pursued for rent owed by other students depends almost entirely on two things: the type of tenancy you have, and the exact wording of the guarantee agreement your guarantor signed. In many shared student lets the answer is yes, the guarantor can be pursued for the whole rent, but not always. You need to look at the specific documents.

Individual tenancies versus joint tenancies

The critical distinction is whether each student has a separate tenancy agreement for their own room, or whether you all signed a single joint tenancy for the whole property.

If you each signed your own individual room-only tenancy, then in principle each of you is only responsible for your own rent. In that situation your guarantor would normally only be guaranteeing your rent, and could not be pursued for money owed by your housemates. This is common in purpose-built student accommodation and some university-managed lets.

If you all signed one joint tenancy agreement for the whole house or flat, the position is very different. Under a joint tenancy the tenants are jointly and severally liable. That means each tenant is individually responsible for the full rent, not merely a notional share. If one housemate does not pay, the landlord can lawfully pursue any of the other tenants for the shortfall. Because the guarantee usually mirrors the tenant’s own liability, a guarantor of a joint tenant will commonly be liable for all of the rent under that tenancy, not just the share attributable to the student they are guaranteeing. Citizens Advice confirms that where there is a joint tenancy it is common for the guarantee to apply to all of the rent and not just your share.

What the guarantee agreement actually says is decisive

Even with a joint tenancy, the guarantor’s exposure is defined by the words of the guarantee they signed. You need to read that document carefully and look for wording such as guaranteeing all sums due under the tenancy, the tenant’s obligations under the agreement, or joint and several liability. Broad wording of that kind typically means the guarantor stands behind the full rent for the property.

If instead the guarantee is expressly limited, for example to the rent payable by the named individual student or to a defined share such as one quarter of the total rent, then the guarantor’s liability is capped at that amount and they cannot be pursued for the others. Some landlords and universities deliberately use limited guarantees of this kind, so the precise wording matters a great deal.

A guarantee is a contract and must be evidenced in writing and signed to be enforceable. It is worth checking that it was properly executed, and that the version relied on covers the correct tenancy, the correct parties and the correct rent.

Renewals and continuing liability

Check whether the guarantee is expressed to cover only the original fixed term or also any renewal, extension or continuation of the tenancy, including a periodic tenancy that arises automatically at the end of the fixed term. Some guarantees are drafted to roll on indefinitely, which can expose a guarantor to rent arrears arising long after the first year. If the tenancy was renewed and the guarantee did not clearly extend to the renewal, there may be an argument that the guarantor is not bound for the later period.

Practical points and things to check

1. Obtain and read the tenancy agreement to confirm whether it is a single joint tenancy or separate individual tenancies.

2. Obtain and read the guarantee document itself and identify exactly what it guarantees, whether it is limited to a share, and whether it covers renewals.

3. Check who the arrears are actually owed by and how the landlord has calculated the sum being claimed, because a landlord cannot recover the same rent twice.

4. If your guarantor is being pursued for the full amount under a joint tenancy, the guarantor may still be legally liable, but the guarantor (or the paying tenant) can in principle seek a contribution from the housemates who caused the arrears. Recovering that in practice can be difficult if those individuals have no money.

5. If the guarantee appears to be limited or the drafting is unclear, that ambiguity can sometimes be argued in the guarantor’s favour, since guarantees are construed reasonably strictly against the party relying on them.

If your guarantor is being chased now

Do not ignore correspondence, but do not simply pay on demand either. Ask the landlord or agent in writing to set out precisely what is owed, by whom, for what period, and the contractual basis for pursuing your guarantor for other tenants’ rent. Ask them to provide a copy of the signed guarantee they are relying on. Compare that against the wording of the guarantee and the type of tenancy. If the guarantee is limited to your share, point that out and dispute anything beyond it. If it is a joint and several arrangement with a broad guarantee, the realistic focus shifts to negotiating a reasonable repayment position and, separately, seeking contributions from the other tenants.

A note on Wales

If the property is in Wales rather than England, the framework is slightly different in terminology but similar in effect. Under the Renting Homes (Wales) Act 2016 each joint contract-holder is fully liable to the landlord for every obligation under the contract, so the same joint and several principle applies and a broadly worded guarantee can extend to all of the rent.

What would change the answer

The decisive missing facts are the type of tenancy, the exact wording and scope of the guarantee, whether it covers renewals, and how the arrears arose. If you can tell me whether it is one joint agreement or separate individual agreements, and quote the operative wording of the guarantee, I can give you a much more precise view of whether your guarantor is genuinely on the hook for the other students’ rent.