Under the new Renters Reform Act, my understanding is that a guarantor is now required to sign a separate “Deed of Guarantee” rather than simply signing the main tenancy agreement. In the past, when using OpenRent, the guarantor could often just sign the same tenancy agreement as the tenant, but it seems that the new rules may require this to be done through a distinct legal document instead.
Am I correct in thinking that the legislation now requires a formal Deed of Guarantee for the guarantor, rather than allowing them to sign the tenancy agreement alone?
If that is the case, does anyone know whether OpenRent plans to add an option for a Deed of Guarantee within the Rent Now process? It would be useful to know whether the platform will support this change, or if landlords will need to arrange the guarantor deed separately outside of OpenRent.
I’m not aware of any change in regards to the form of guarantor agreement that can be made. A deed of guarantee was always an option and in my view a more reliable one as I’m not convinced there is any consideration to bind the guarantor in the tenancy contract.
@James181 you can already attach any docs under ‘manage tenancy’ (eg inventories). Not sure what you are asking for? There are templates from nrla
I’m sure lawyers and agents will take opportunities to recommend extra work and fees for themselves creating these separate deeds but where exactly does the RRA guidance or legislation say a separate deed of guarantee will be required? Please provide a ref.
Essentially a deed of guarantee is a contract setting out details of the guarantor and what they are responsible for. This is already covered by OR’s process because the guarantor digitally signs the tenancy agreement which sets that out (clauses 15.1 to 15.6)
Under the Renters’ Rights Act (formerly known as the Renters Reform Act) coming into force on May 1, 2026, the process for using a guarantor is becoming more strictly regulated to protect both tenants and guarantors. While a guarantor still signs an agreement to guarantee rent and damages, the legal requirements for how they sign are tightening.
Here is a breakdown of how the Renters’ Rights Act affects guarantor signing:
Separate “Deed of Guarantee”: To be enforceable, particularly if signed after the tenancy agreement, a guarantor should sign a legally binding “Deed of Guarantee” rather than simply signing the main tenancy agreement, according to industry guidance.
Witnessed Signature: A guarantor agreement is often required to be executed as a deed, which means the guarantor’s signature must be witnessed.
Document Review: The guarantor must have sight of the tenancy agreement before signing the guarantee, as they cannot be held liable for terms they have not seen.
Liability Limitations: The Act introduces new protections:
Death of a Tenant: Guarantors will no longer be liable for rent after the death of a tenant.
Maximum Liability: In situations where a guarantor is used, their liability may be capped.
Timing of Agreement: Landlords cannot require a guarantor if they have already taken a holding deposit or if the tenant is paying one month’s rent in advance, as the new rules limit upfront payments and attempt to prevent double-charging (i.e., you cannot generally have a large deposit and a guarantor, though this is subject to final regulations).
Renewal Issues: If the tenancy changes from fixed-term to a periodic tenancy (as all will be after May 2026), the guarantor agreement must explicitly cover this, or a new agreement should be signed to ensure liability continues.
Key Takeaway: For new tenancies from May 1, 2026, landlords and agents are likely to use formal, witnessed Deeds of Guarantee to ensure they are compliant with the new, stricter laws.
As suspected AI “slop” but it does look like there is conflicting information if a deed is needed or not. It’s information based on a material from the “landlordzone”
I am thinking of requiring all future tenants to have a guarantor and maybe remove the requirement for a deposit I would prefer to send a invoice (after fair wear and tear) for any rent arrears and damage to the leaving tenants and homeowning guarantor. The chances are that if I am having to perform a S8 to a tenant it will be because something big has gone wrong and a deposit would not touch the sides anyway.
Has anyone else been thinking along the same lines?
I think there’s still a place for a deposit as
A)very much easier to recover via deposit scheme than from a guarantor if smaller issues eg if left needing cleaning to bring back to standard at original inventory and
B) it’s an incentive for the 90+ % of better tenants to.take good care of a place (Just like i pay for rent gtee insurance but hope not to need it…)
Not sure about your suggestion - if tenants cause damage or have rent arrears, what chance they or guarantor are going to pay your invoice at the end when have found somewhere else… makes more sense if you were going to pursue debt during the tenancy.
You could also be using s8 for rent arrears/regular late payment or damage or just to sell a place - in the worst cases the deposit may not come close to covering a loss but what exactly is the downside to asking for a deposit ? And if tenants cant afford the deposit likely they have little savings and living from one monthly or weekly wage to the next, so they are even more of a financial risk.
Think there will also be many good tenants who will be able to provide a deposit but not a guarantor whom you are then ruling out. Or would you accept a guarantee from one of the companies paid a monthly fee to provide this by tenant?