Section 16P Section 16N: application and interpretationF1

(1)

Section 16N applies to a guarantee—

(a)

whether or not it is in writing;

(b)

if it is in writing, whether or not it is in the lease;

(c)

whether or not it also guarantees the payment of any sum other than the rent.

(2)

In section 16N and this section—

“commencement date” has the meaning given by section 146(3) of the Renters’ Rights Act 2025;
“family member” is to be read in accordance with subsections (3) and (4);
“rent period” means a period for which rent is payable.

(3)

For the purposes of section 16N, the guarantor is a family member of the following persons—

(a)

the spouse, civil partner or co-habitee of the guarantor;

(b)

a person who is—

(i)

a child,

(ii)

a grandchild,

(iii)

a parent,

(iv)

a grandparent,

(v)

a sibling,

(vi)

a niece or nephew,

(vii)

an aunt or uncle, or

(viii)

a cousin,

of the guarantor or of the spouse, civil partner or co-habitee of the guarantor;

(c)

a person who is the spouse, civil partner or co-habitee of a person falling within paragraph (b).

(4)

If, in accordance with subsection (3), a person (F)—

(a)

is a family member of the guarantor when the guarantee is entered into, or

(b)

becomes a family member of the guarantor after the guarantee is entered into,

F is to be regarded as being a family member of the guarantor at all times afterwards (regardless of whether F continues to be so in accordance with subsection (3)).

(5)

For the purposes of this section—

(a)

one person (C) is the “co-habitee” of another person (P) if P lives with C as if they were married or in a civil partnership;

(b)

a “niece or nephew” of a person (P) is a child—

(i)

of a sibling of P, or

(ii)

of a person who is the spouse, civil partner or co-habitee of a sibling of P;

(c)

an “aunt or uncle” of a person (P) is a sibling of a parent of P;

(d)

a “cousin” of a person (P) is a child—

(i)

of an aunt or uncle of P, or

(ii)

of a person who is the spouse, civil partner or co-habitee of an aunt or uncle of P;

(e)

“sibling” includes a sibling of the half-blood and a step-sibling.

Annotations

Textual amendments

F1: Ss. 16N, 16P and cross-heading inserted (1.5.2026 for specified purposes) by Renters’ Rights Act 2025 (c. 26), ss. 19, 145(1)(8) (with ss. 138, 146(1), 147(1)(2), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(a)

Notes on Part I

Modifications

C1

Part I (ss. 1–45) modified by S.I. 1990/776, arts. 2(2), 5(2)(b) and excluded by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 242

C2

Part I (ss. 1–45) applied by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8, para. 19(3)

C3

Part I (ss. 1-45) definition applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167(3), 223(2), Sch. 11 para. 10 (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)

C4

Pt. I (ss. 1-45) definition applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 168(3), 225(2), Sch. 19 para. 10 (with ss. 15(6), 179, 222(3), 224(1), Sch. 22 para. 1, Sch. 23 para. 6)

C5

Pt. I (ss. 1-45) restricted (1.11.1993) by 1993 c. 28, s. 59(2)(c)(iii); S.I. 1993/2134, arts. 2, 5

Pt. I (ss. 1-45) excluded (3.3.1997) by 1985 c. 68, s. 348D(5) (as inserted (3.3.1997) by 1996 c. 52, s. 67(1) (with s. 70); S.I. 1997/350, art. 2

Pt. I (ss. 1-45) modified (1.10.1996) by 1996 c. 27, s. 30(4)(b); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

C6

Pt. 1 excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 33, 270(3); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)