Checklist · 6 min read
Before you sign: a checklist for property guardians
Twenty-five things to check before you sign a guardian agreement or hand over a deposit. Tick them off as you go.
Facts checked 27 October 2026
It describes England, and every point links to where it comes from. General information, not legal advice.
New to guardianship? Start with what property guardianship is. Each firm's own rules are on the companies page.
The agreement
- Read the whole agreement before you pay anything. If a term worries you, get free advice first (Citizens Advice, Shelter or a local housing advice centre). (GOV.UK, Shelter)
- Is it rolling (week to week or month to month) or for a fixed term? On a fixed term you may owe payments to the end, and it can end on its end date without notice. (GOV.UK, Shelter)
- Ask how long the building is likely to be available. Many agreements don't say. (GOV.UK)
- Check the house rules: guests and overnight stays, nights away, partners, pets, volunteering, and any duties like setting alarms. (GOV.UK)
- A clause telling you to keep quiet can't stop you reporting health and safety problems to the council. (GOV.UK)
Notice and leaving
- On a rolling licence the firm must give you at least 4 weeks' notice in writing. A shorter period in the agreement doesn't count. (GOV.UK, Protection from Eviction Act)
- If you stay after notice ends, the firm normally needs a court order. Lock-outs and threats to make you leave are likely to be crimes, and councils can fine up to £40,000. (GOV.UK, Renters' Rights Act)
- Don't assume the 2026 renter reforms cover you. Two months' notice and the bans on refusing people on benefits or with children are for tenants, not licences. (Renters' Rights Act, Government answer, July 2026)
- Know your own notice: usually at least 4 weeks in writing, sometimes a calendar month. (GOV.UK)
- Have a back-up plan for somewhere to go. Moving you to another building isn't guaranteed. (Shelter)
Money
- Deposit: no more than 5 weeks' payment. Holding deposit: no more than 1 week's. (GOV.UK, Tenant Fees Act guidance)
- Refuse other fees: admin, sign-up, referencing or 'fire safety pack' charges aren't allowed. (GOV.UK, Tenant Fees Act guidance)
- Ask where your deposit is held and how quickly it comes back. A guardian's deposit doesn't have to be in a government scheme. (GOV.UK, Shelter)
- Ask who pays bills and council tax, and roughly how much. Big buildings can cost a lot to heat. (GOV.UK, Shelter)
- Ask how and how often the monthly payment can rise. Licence fees follow the agreement, not the rules for tenants. (Renters' Rights Act)
Safety and the building
- Gas safety certificate from the last 12 months, by a Gas Safe engineer. (GOV.UK)
- Electrical report (EICR) from the last 5 years. Look out for damaged sockets and bare wires. (GOV.UK, Electrical safety regulations)
- Smoke alarms on every floor, and carbon monoxide alarms in rooms with a boiler, fire or stove (not needed for a gas cooker alone). (GOV.UK, Alarm regulations)
- Fire safety: ask for the fire risk assessment, check escape routes are clear and fire exits open without a key. (GOV.UK)
- Shared kitchen or bathroom? The building may be an HMO. With 5 or more people from 2 or more households it needs a licence: ask for it, or check the council's register. (GOV.UK, Court of Appeal, 2023)
- If a building needed an HMO licence and didn't have one, you can ask a tribunal for payments back. Act quickly: the problem must fall within the 2 years before you apply (12 months for problems before 1 May 2026). (Housing and Planning Act s.41, Renters' Rights Act)
- At the viewing, check for cold, damp and mould, working heating, a working kitchen and bathroom, and safe access to every room. (GOV.UK)
Privacy and the firm
- Expect inspections, possibly without warning. Ask how often, and whether they include your room. (GOV.UK, Government research, 2022)
- Know which company you're signing with and its 24/7 emergency number. (GOV.UK)
- Ask which complaints (redress) scheme the firm belongs to. Many guardian firms don't belong to a government-approved one. (GOV.UK, Shelter)
Outside England
Wales, Scotland and Northern Ireland have different law. In Wales most paying licensees are "contract-holders" with longer notice. We found no official guidance on guardians for any of them, so ask a local adviser before relying on the points above.