Your guarantor was released on 1 May 2026: the tenant walkthrough (RRA, 2026)

If a parent, sibling, or friend co-signed your tenancy as a guarantor before 1 May 2026, there is a very good chance they were quietly released from their guarantee on that date. Most renters do not know this. Most guarantors do not know this. Some landlords and letting agents do know it, and are still sending chasing letters to released guarantors anyway.

This walkthrough is for the tenant who wants to (a) work out whether their guarantor was released, (b) tell the guarantor in plain English, and (c) write the single letter that ends any further chasing if the landlord ignores the new rules.

What changed on 1 May 2026

On 1 May 2026 the Renters' Rights Act 2025 converted almost every assured shorthold tenancy in England into an assured periodic tenancy. The fixed term ended. The tenancy carries on, month to month, until either side ends it correctly.

When the fixed term ends, the guarantee deed that was attached to that fixed term ends with it. The guarantor is released. This is the default, and it applies unless the deed itself expressly says otherwise.

There are two narrow exceptions. The first is where the guarantee deed expressly covers a periodic tenancy arising at the end of the fixed term - some standard agency deeds do, especially the ones updated after 2024. The second is where the deed is for a contractual periodic tenancy that was already running before 1 May 2026 and the deed explicitly continues. Both are checked by reading the deed itself.

For most renters, the guarantor is gone on 1 May 2026 and the landlord cannot reinstate them without the guarantor's fresh, written agreement to a new deed.

How the rule actually reads

The relevant principle sits across two strands.

Strand 1 - the guarantee follows the tenancy. A guarantee deed is a personal commitment by the guarantor to stand behind a defined tenancy. If the tenancy ends - by surrender, by notice, by statutory conversion - the guarantee falls with it. Older case law (long pre-dating the Renters' Rights Act) has been clear that a guarantor's liability does not survive the end of the contract they guaranteed, unless the deed itself extends it.

Strand 2 - the RRA's "no rent-increase liability without process". Even where a guarantee survives into the periodic regime, the guarantor cannot be made liable for a rent increase that did not go through the correct Section 13 / Form 4A procedure on or after 1 May 2026. So if the landlord serves an invalid Form 4A and the tenant pays the increase under protest, the guarantor is not on the hook for the increase - only for the original rent.

Strands 1 and 2 are cumulative. If strand 1 releases the guarantor, strand 2 is moot. If strand 1 leaves the guarantor in place (the deed explicitly continues), strand 2 still limits what they can be chased for.

How landlords and agents get this wrong

Three patterns we see in early-RRA chasing letters.

Pattern 1 - chasing a released guarantor for arrears that arose after 1 May 2026. The landlord knows the tenant has fallen behind, looks at the original guarantee deed in the file, and writes to the guarantor demanding the arrears. The guarantor, panicked, often pays. The deed had no periodic-tenancy clause - the guarantee ended on 1 May 2026 and the post-1-May arrears were never the guarantor's debt. The letter is bluff.

Pattern 2 - sending a "guarantee continuation" form for the guarantor to sign. Some agencies send a one-page form asking the guarantor to "confirm" their guarantee continues into the periodic tenancy. This is not a confirmation - it is a brand new agreement. The guarantor is free to refuse. Many sign it without reading because it looks like a routine bit of paperwork.

Pattern 3 - claiming the guarantee "automatically continues" because the tenant is the same. It does not. The guarantee is to a specific tenancy on specific terms. A statutory periodic tenancy after 1 May 2026 is a different tenancy. Tenant identity is irrelevant.

If your landlord is doing any of these things, the tenant-side response below ends it.

The three-check process

The first check is the most important. The other two only matter if the first does not give a clean answer.

Check 1 - what does the deed actually say? Pull the guarantee deed (it is usually attached to or appended to the original tenancy agreement). Read it for any clause that explicitly covers a periodic tenancy arising after the fixed term, or that extends to "any continuation of the tenancy howsoever arising". If there is no such clause, the guarantor was released on 1 May 2026 and check 2 and check 3 do not change that.

If there is such a clause, go to check 2.

Check 2 - has the deed been varied since the original signing? Any material variation to the deed - rent increase, term extension, change of landlord - needs the guarantor's fresh agreement in writing. If the rent has gone up since the original deed was signed and the guarantor never re-signed, the guarantor's liability is capped at the original rent figure on the deed.

Check 3 - what is the chase for? Even if the guarantee continues and is uncapped, the guarantor is not liable for rent increases imposed after 1 May 2026 unless the Form 4A process was followed correctly. If the chase is for an above-original-rent figure and you cannot find a valid Form 4A in the tenant's file, the chase fails.

If any of the three checks gives a tenant-favourable answer, the guarantor's exposure is reduced or eliminated. The letter below is written to put that finding to the landlord on the record.

The letter to the landlord

This letter goes from the tenant to the landlord (or managing agent), copied to the guarantor. The point is to put the procedural defect on the record and stop further chasing.

[Your name]
[Property address]
[Today's date]

[Landlord / managing agent name]
[Landlord / managing agent address]

cc: [Guarantor name and address]

Re: Guarantor liability - tenancy at [property address]

Dear [Name],

I write further to your correspondence dated [date of
chasing letter] addressed to [guarantor name] as guarantor
for the above tenancy.

The original guarantee deed dated [date of deed] attached
to the fixed-term assured shorthold tenancy that commenced
on [original tenancy start date].

On 1 May 2026 the Renters' Rights Act 2025 converted that
tenancy to a statutory periodic tenancy. The fixed term
ended on that date.

[Pick the one that applies]

[OPTION A - deed does not cover periodic]
The guarantee deed does not contain any clause extending
the guarantee to a periodic tenancy arising after the end
of the fixed term. The guarantor was released from the
guarantee on 1 May 2026. Any further correspondence
addressed to the guarantor in connection with this
tenancy should cease.

[OPTION B - deed covers periodic but rent has been varied
without guarantor's consent]
The guarantee deed records the rent at GBP [original rent
on deed]. The current rent is GBP [current rent], having
been varied on [date of variation]. The guarantor did not
re-sign to consent to this variation. The guarantor's
liability is capped at the original rent of GBP [original
rent on deed] per [payment period].

[OPTION C - chase is for a Form-4A increase that was not
procedurally valid]
The amount claimed includes a rent increase imposed on
[date of increase] under Form 4A dated [date of form 4A].
That Form 4A is procedurally invalid for the reasons set
out in [my prior letter / the attached]. Under the
Renters' Rights Act 2025, a guarantor cannot be made
liable for a rent increase that did not follow the
correct Section 13 process. The guarantor's liability,
if any, is capped at the pre-increase rent of GBP
[pre-increase rent].

I will be advising the guarantor in writing that they
are under no obligation to pay any sum demanded contrary
to the position above.

Yours sincerely,

[Your full name]
[Phone number]
[Email]

The letter is structured to do four things:

1. Anchor the guarantee to the specific fixed-term tenancy that ended on 1 May 2026.
2. State the precise reason the guarantor is released or capped.
3. Direct the landlord to cease chasing the guarantor.
4. Put the guarantor on notice so they do not pay out of confusion.

It is not adversarial. It is procedural. In most cases the chase quietly stops.

What to tell the guarantor

Send a short, plain-English note to the guarantor at the same time. Something like:

"I am writing to let you know that the landlord has been chasing you for [rent / arrears / a rent increase] on my tenancy. Under the Renters' Rights Act 2025, the fixed-term tenancy that you guaranteed ended on 1 May 2026 and your guarantee was released on that date, because the deed did not cover the periodic tenancy that has replaced it. You are under no obligation to pay any sum the landlord demands. I have written to the landlord today setting this out; a copy is enclosed. If they contact you again, please send me a copy and I will deal with it."

Two purposes. First, the guarantor knows not to pay. Second, the email or letter is evidence later if needed that the tenant raised the point in time.

What NOT to do

Three traps to flag.

Do not have the guarantor sign a "continuation" form without reading it carefully. Some agencies treat the 1 May 2026 transition as a chance to re-paper guarantees. A signed continuation creates a fresh deed - the guarantor would be back on the hook for the periodic tenancy. The tenant should advise the guarantor not to sign anything without reading it and, where possible, taking advice.

Do not assume the landlord knows the rule. Many small landlords genuinely do not. The chasing letter is often well-intentioned and based on the old position. The tenant-side response above is informative as much as defensive. A reasonable landlord, once shown the position, will stop.

Do not pay an unjustified demand "to keep the peace". A guarantor who pays an unowed sum may struggle to recover it. The tenant's role here is to head off the demand before it gets paid.

What if the landlord escalates

In the unusual case where the landlord pushes through to a claim against the guarantor in the county court, the procedural defence is strong. The guarantee deed is a documentary record. The tenancy conversion is a statutory fact. The Renters' Rights Act 2025 is binding. A claim against a released guarantor is unlikely to succeed and may be struck out at an early stage. The guarantor should take advice the moment any court paperwork arrives - the tenant cannot defend the claim on the guarantor's behalf.

If the chase is just letters and emails, the procedural letter above is usually enough. If it tips into a possession claim against the tenant on the basis of "arrears" that are really the released guarantor's notional debt, the procedural defect feeds directly into the tenant's possession defence.

Where the RentSOS check fits

The free check at rentsos.co.uk is built around Form 4A rent-increase notices, but the underlying logic - read the document, find the procedural defect, write the right letter - is the same for guarantor disputes. If a tenant is also dealing with an above-rent Form 4A on top of guarantor chasing, the check identifies any Form 4A procedural defect for free. The paid pack at GBP 14.99 includes the substantive market-rent challenge if the form turns out to be valid.

---

Frequently asked questions

How can I tell if my guarantee deed covered the periodic tenancy?

Look in the deed for words like "any periodic tenancy arising after the expiry of the fixed term", "any statutory periodic tenancy", "any continuation of the tenancy howsoever arising", or "any extension or renewal". If those words (or close equivalents) are not in the deed, the guarantee did not cover the periodic tenancy that came in on 1 May 2026. If the deed simply guarantees "the tenancy" without further definition, the conservative reading - and the one the courts have generally taken - is that the guarantee ended with the fixed term.

My tenancy started after 1 May 2026 - does this apply to me?

No. If your tenancy started after 1 May 2026 it is already an assured periodic tenancy from day one. The guarantee deed (if you have one) was written for that periodic tenancy and continues on its own terms. The release rule above only matters for guarantees that pre-date the conversion.

The landlord has sent the guarantor a brand-new guarantee form to sign. What do we do?

The guarantor is under no obligation to sign it. The original guarantee is over. A new guarantee would create fresh liability for a different (periodic) tenancy. The guarantor should weigh up whether they want to take that on, with the benefit of advice if the figures are large. The tenant should not pressure the guarantor either way - and certainly should not sign on the guarantor's behalf (which would be a fundamental defect anyway).

The landlord has already taken money from the guarantor for post-1-May-2026 arrears. Can the guarantor get it back?

Possibly. A guarantor who paid out under a mistake of law (i.e. believing the guarantee continued when it did not) has a restitution claim against the landlord. The amount, time elapsed, and the strength of the landlord's case will all matter. This is the situation to take advice on - Citizens Advice or a housing solicitor is the right starting point. Move quickly; six years is the outer time limit but earlier is much better.

Does this affect my deposit?

No. The deposit and the guarantee are separate. The deposit follows the tenancy - it was protected when the fixed term started and remains protected through the periodic tenancy. Deposit return rules apply at the end of the tenancy in the usual way.

Key takeaways

• On 1 May 2026 most tenancy guarantors were automatically released, because the Renters' Rights Act 2025 converted assured shorthold tenancies into assured periodic tenancies and the guarantee deed did not cover the new periodic tenancy.
• The release is the default. The exception is where the deed expressly extends to a periodic tenancy - read the deed itself.
• Even where the guarantee continues, the guarantor is not liable for a rent increase that did not follow the correct Form 4A process on or after 1 May 2026.
• The single procedural letter to the landlord, copied to the guarantor, ends the chase in most cases.
• Do not let the guarantor sign a continuation form without reading it. Do not pay an unjustified demand. Do not assume the landlord knows the rule.