Section 19 inserts two new sections, 16N (Guarantor not liable for rent payable after tenant’s death) and 16P (Section 16N: application and interpretation), into the Housing Act 1988. This section limits the liability of guarantors for rent in the event of a tenant’s death in specified circumstances.
	Section 16N details the circumstances in which a guarantor will not be held liable for guaranteed rent following the death of a tenant (or tenants). Subsection (1) confirms that this section applies where an individual (known as a guarantor) guarantees the rent of a tenant who is renting a property on an assured tenancy and the guarantor became a party to the guarantee agreement on or after commencement.
	Subsection (2) deals with sole occupancy tenancies. It provides that where the deceased tenant was the sole occupant, the guarantor cannot be held liable for rent accrued on or after the tenant’s death.
	Subsections (3) to (5) deal with joint tenancies. Subsection (3) provides that where there are two or more tenants, and in the unlikely event all of those tenants die, the guarantor is not liable for rent from the date of their deaths (if they die on the same day) or the date of the last to die (if they do not die on the same day). Subsection (4) provides that where there are two or more tenants and one of the tenants is a family member of the guarantor, if the family member dies then the guarantor will not be liable for rent on or after the date of their death. Subsection (5) provides that where the guarantor is a family member of more than one of the tenants, the guarantor is not liable for rent from the date of their deaths (if they die on the same day) or from the date of the last to die (if they do not die on the same day). If the guarantor is not a family member of the deceased tenant(s), the guarantor remains liable for rent under an existing guarantee agreement.
	Subsection (6) explains what constitutes guaranteed rent following the death of a tenant (or tenants). This is the rent for the remainder of the rent period in which the tenant (or tenants) dies and the rent for any subsequent rent period of the assured tenancy. Subsection (7) provides a formula to calculate the amount of guaranteed rent attributable to the time after the death of a tenant (or tenants) during the rent period in which death occurs.
	Section 16P (Section 16N: application and interpretation) confirms how section 16N is to be applied and defines key terms in section 16N.
	Subsection (1) outlines that section 16N applies to a guarantee whether or not the guarantee is in writing, in the lease or it guarantees sums other than rent.
	Subsection (2) defines key terms used in section 16N, including "commencement date", "family member" (see also subsections (3) and (4)) and "rent period".
	Subsection (3) confirms the relationships within the definition of a family member of the guarantor. Subsection (4) confirms that if a person meets the definition of family member when or at any point after the guarantee is entered into, they remain so at all times afterwards, regardless of whether the definition at subsection (3) continues to be met.
	Subsection (5) provides further explanation of the intended meaning of the terms "co-habitee", "niece", "nephew", "aunt", "uncle", "cousin" and "sibling", to assist interpretation.
Part 1: Tenancy reform Chapter 1: Assured Tenancies Section 19: Guarantor not liable for rent payable after tenant’s death Effect