Advice on Docusigning a tenancy agreement?

Yes, it is absolutely legal for a tenancy agreement and guarantor agreement to be signed in advance of the tenancy start date — in fact, this is standard practice in many cases.

Here’s a clear breakdown of the key points to reassure you and ensure it's all above board:

Signing in Advance: Legal Position

A tenancy agreement is a contract. Like any contract, it can be signed at any time before it comes into effect — the important thing is that all parties agree to the terms and sign it voluntarily.

The contract will typically state the start date of the tenancy. So even if it is signed earlier, it only becomes effective on that date.

Signing before the move-in date allows all parties to be clear on their rights and responsibilities in advance.

Using DocuSign / Digital Signature

A guarantor can legally sign using DocuSign (or similar e-signature platforms).

The Law Commission has confirmed that electronic signatures are valid in contracts, including tenancy agreements and guarantees, provided the intent to sign is clear and both parties agree to it.

Mixed Format Signatures (E.g., Guarantor signs digitally, tenant signs on paper)

While ideally, all parties sign the same copy, it's also acceptable in practice for the parties to sign counterparts (separate copies), provided each version contains the full terms of the agreement.

If you want extra clarity, you can include a clause like:
“This agreement may be executed in counterparts and by electronic signature, which together shall constitute one agreement.”

Best Practice Tips

Make sure the guarantor’s agreement is signed before the tenancy starts — ideally before the tenant takes possession.

Ensure all documents are dated appropriately, especially the guarantor deed, as deeds must be properly executed (often with a witness) to be enforceable.

Keep copies of all signed versions, whether electronic or hard copy.

Confirm the tenant and guarantor understand their obligations — a brief summary and clear communication can help avoid later disputes.

Guarantor Deed Specifics

A guarantor agreement is usually a deed, which has stricter signing rules:

If the guarantor is signing remotely and not present with a witness, make sure:

The platform allows for a witness to be present during signing, or

You have a process that complies with deed execution (some landlords use digital witnessing via video call with a wet-ink signature posted afterward).

Summary:

Yes, it's legal for the tenancy agreement and guarantee to be signed in advance. Just make sure:

The tenancy start date is clearly stated.

The guarantor signs before the tenant takes possession.

Signatures (digital or paper) are clearly recorded and stored.

I was under the impression that the guarantor deed must be signed before the AST?

Many thanks Neil, that is really help. Does the guarantor needed to sign a specific type of deed. In the past I have simply written something up on the the lines of 'I hereby guarantee'

I'm a little concerned that you don't know the process of signing a Tenancy Agreement.

The tenant can sign but not date weeks before BUT a Tenancy Agreement is only valid once the landlord has signed and dated both parts.

How are you proposing to do the check-in inventory, hand over the keys and serve other tenancy documentation that has been, as required by legislation, served BEFORE the tenancy agreement has been signed? Just asking.
I would politely suggest that you join Pims.co.uk or similar, especially if you are going to self manage.

Reply to the comment left by JB at 17/06/2025 - 10:25
It should be.

Reply to the comment left by Helen at 17/06/2025 - 10:38
A guarantor normally signs a Deed of Guarantee, a specifically worded document. However, OpenRent has its guarantors sign a contract, which it says is legally binding the same as a Deed. Either way, I suggest it's properly worded and you use a standard template.

Useful information to ensure validity of Deeds.
I am aware of an issue which concerns validity of a Deed of Transfer an assignment of the residue of a superior lease to the RMC.
The signatory and witness were not the leaseholders with share of the freehold in the RMC ie under RMC Articles were not owner of a flat and member of the company ((RMC).
The transfer is to fulfil conditions in Leaseholders Deeds of Trust and to take place after sale of all the flats in three blocks, but did not take place until 8 years after.
These signatures countersigned by solicitors acting for the transferors IMO did not undertake DD.
I’m wondering whether the Deed is valid as it did not fulfil its intent to transfer the residue of the SL (the freehold interest) to the RMC.

Reply to the comment left by Judith Wordsworth at 17/06/2025 - 16:24
Hi Judith Thanks for your feedback. I've been self managing property for years and always followed the same process of both myself and tenant signing a hard copy of the agreement in person at the point of the beginning of tenancy, simultaneously to handing over keys. This is the first time however, that I am in a position where the guarantor cannot be there in person and a Docusign is necessary. Hence my question ref the guarantor signing in advance which Neil has provided valuable advice on.

We have used Docusign for sometime now.
One of the great advantages is that we send a single document that includes EICR, EPC, gas check, How to Rent Guide, etc.. This means the tenant cannot deny ever having received them.

When we take on new landlords in our agency, they very often cannot find the relevant documents and have no real idea if the tenant has received them. Paper is a bit out of date now, I'm afraid.

The only think you can't do is the DPS certificate as this comes after the start of the tenancy.

Reply to the comment left by Neil Patterson at 17/06/2025 - 10:08
Fantastic words Neil:

A tenancy agreement is a contract. Like any contract, it can be signed at any time before it comes into effect — the important thing is that all parties agree to the terms and sign it voluntarily.

The contract will typically state the start date of the tenancy. So even if it is signed earlier, it only becomes effective on that date.